Category Archives: Maryland Court of Special Appeals

Client Alert: Easement Decisions in the Court of Special Appeals of Maryland

The Court of Special Appeals of Maryland has issued two new easement decisions of importance to real estate practitioners. Both decisions provide rare detailed analysis from the Court of Special Appeals into easements and are worth review. In Hejazi v. Sears, Hejazi’s predecessor-in-title conveyed an easement “over, upon and across” the subject property to Sears granting “exclusive rights to the use ... Read More

October Real Estate Update | Lawrence R. Carver, Jr. v. RBS Citizens, N.A.

On September 27, 2019, the Court of Special Appeals of Maryland issued an opinion reversing a judgment against Security Title Guarantee Corp. of Baltimore. The decision is significant not merely for what the Court held, but for what claims were not raised by the property owners. In Lawrence R. Carver, Jr. v. RBS Citizens, N.A., Nancy and Lawrence Carver purchased multiple ... Read More

Mortgage Company’s Indemnification Claim Against Loan Officer Not Discharged In Bankruptcy

When Fidelity First Home Mortgage Company was found liable by a jury under the doctrine of respondeat superior when one of its loan officers engaged in a fraudulent foreclosure rescue scheme, it sued the loan officer seeking indemnification and contribution. The loan officer claimed that Fidelity’s claims were discharged ... Read More

MD Court of Special Appeals: Greentree Series V, Inc. v. Hofmeister

In a matter of first impression, the Maryland Court of Special Appeals held in Greentree Series V, Inc. v. Hofmeister that the word “or” in Md. Rule 14-305(g) was to be read literally to give a trial court an either/or option, thus precluding the trial court from granting both options in relief. The Rule in question states that when a ... Read More