Category Archives: Maryland Courts
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Federal court in Maryland confirms “unmarketable” relates to title, not property.
The United States District Court for the District of Maryland recently dismissed a title policy holder’s claim regarding an allegedly unmarketable title and provided especially useful language to the industry. In Kiritsis v. Stewart Title Guaranty Co., the court confirmed that “unmarketable” as used in the policy was not ambiguous and that the term ... Read More
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Maryland Appeals Court gives Defendants Burden of Proving Apportionment of Damages
In Williams v. Dimensions Health Corp., No. 0036, 2023 WL 5523951 (Md. App. Ct. Aug. 28, 2023), defendant challenging damages as having a proximate cause other than its negligence has the burden of proving apportionment. Plaintiff claims his physician negligently caused a right leg amputation after a car accident. The MVA – not ... Read More
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United States District Court for the District of Maryland grants summary judgment on 3(a) exclusion
Earlier this week, the United States District Court for the District of Maryland granted, in part, summary judgment against a title insurer for failing to provide a defense to an underlying fraud and conspiracy action. In Sharestates Investments, LLC v. WFG National Title Ins. Co., the Court reaffirmed that the duty to defend is significantly broader than the duty to ... Read More
TAGGED: #RealEstateLaw, #DCRealEstate, #MDRealEstate
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Court of Special Appeals of Maryland affirms quiet title dismissal and vacates public road decision
The Court of Special Appeals of Maryland vacated a trial court determination that a public road was not established where St. Mary’s County contended that it closed the roadway and no longer maintained the parcel. In Wilkinson v. Board of County Commissioners, the Court noted the trial court had “blurred” methods establishing public roads ... Read More
TAGGED: #realestatelaw #DCrealestate
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Real Estate Update: Easement drafting news in the Court of Special Appeals of Maryland
The Court of Special Appeals of Maryland has issued a decision giving a word of caution to easement drafters. In Joe the Grinder, Riva Road, LLC v. Riva, LLC, the Court held that an easement referencing a right of way for “vehicular ingress and egress” was ambiguous as the easement further described only a single-lane driving aisle “to” a traffic ... Read More
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Client Alert: Maryland Real Estate Commission Activity
Various bulletins and notices from the Maryland Real Estate Commission serve as important reminders: Real Estate Agents Not to be Paid by Title Company or Others – Must be Paid Through the Brokerage. Payment of real estate commissions to agents or associate brokers may not be from the settlement company's account. Instead, payments of commissions need to be paid through the real ... Read More
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Client Alert: Wheeling v. Selene Finance, LP
The Court of Appeals of Maryland has held that a protected resident need not be deprived of actual possession as a condition to suit against a loan servicer under the 2013 residential eviction amendments set forth in Maryland Code Real Property Article § 7-113. In Wheeling v. Selene Finance, LP, the Court weighed-in on claims from two families regarding the ... Read More
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Client Alert: Wilson v. Eagle National Bank
The United States District Court for the District of Maryland has allowed a complaint alleging Sherman Act violations by a lender in purported conspiracy with its internal title company and competitor title company to proceed. In Wilson v. Eagle National Bank, the Court held that allegations of horizontal price-fixing in title and settlement services, if proven true, constitute per se ... Read More
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Client Alert: A New Holding in the Court of Appeals of Maryland That May Affect Enforcement of Condominium Liens
Earlier this week, the Court of Appeals of Maryland held that condominium liens perfected under the Maryland Contract Lien Act cannot secure unpaid amounts which accrue subsequent to the recordation of the lien. In in re Anthony D. Walker, the Court answered a certified question from the United States Bankruptcy Court for the District of Maryland which had grappled with ... Read More
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Client Alert: Yacko v. Mitchell
The Court of Special Appeals of Maryland has issued an opinion adverse to lenders decrying the “high volume of foreclosure cases” in which lenders “often treat these matters as routine and expect our courts to rubber-stamp the foreclosure with methodical expediency.” In Yacko v. Mitchell, the Court noted that the Maryland Rules mandate that trial courts slow the foreclosure action ... Read More
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Client Alert: Batstone v. Chicago Title Ins. Co.
Earlier this week, the United States District Court for the District of Maryland issued a decision interpreting Covered Risk 5 (“someone else has a right to limit Your use of the Land”). Given the relative rarity of written decisions interpreting title policies, it is worth a review of this decision. In Batstone v. Chicago Title Ins. Co., Louise and Griffith Batstone ... Read More
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Client Alert: SGT Kang’s Group, LLC v. Board of County Supervisors
The Supreme Court of Virginia recently issued an unpublished decision interpreting a reservation of easements prior to a recorded dedication. While unpublished, the decision provides valuable insight into the mindset of the Supreme Court. In SGT Kang’s Group, LLC v. Board of County Supervisors, two adjoining property owners in Prince William County obtained special use permits to construct a car wash ... Read More
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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
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Client Alert: Dennis Hamilton v. Murray Rottenberg
The Court of Special Appeals of Maryland recently resolved a matter of first impression as to whether a judgment lien attaches on property during that brief period after a contract for sale has been executed but prior to legal title passing at closing. As this was the first level of appeal, it is likely that the losing party will seek ... Read More
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SCOTUS Opinion: Court Decides That Federal Courts Cannot Address Partisan Gerrymandering Claims
The case of Rucho v. Common Cause combined two different gerrymandering claims: one from North Carolina where the claim was that the redistricting plan hurt Democrats, one from Maryland which claimed that the plan hurt Republicans. In both cases, the district courts ruled that the plans violated the Constitution. The Court, in a 5-4 opinion by Chief Justice Roberts, ... Read More
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SCOTUS Opinion: Court Permits The Bladensburg Peace Cross To Remain Standing
The Bladensburg Peace Cross was erected in 1925 on public land as a tribute to the lives of 49 soldiers from the local area who died in World War I. Certain atheistic groups filed suit in federal court, arguing that the cross violated the First Amendment’s Establishment Clause. The district court dismissed the case under the tests set forth in ... Read More
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April Real Estate Update | Elm Cabin John, LLC v. United Bank
On April 19, 2019, Judge Messitte of the United States District Court for the District of Maryland issued an unpublished opinion in Elm Cabin John, LLC v. United Bank that is certainly noteworthy for real estate practitioners. In this matter, Ms. Nancy Long owned three parcels in Montgomery County. As an individual in her 80s during the subject transactions, she is ... Read More
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March Real Estate Update | Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC
The Court of Appeals of Maryland issued two recent decisions impacting landlord/tenant issues. Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC In Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC, filed on March 4, 2019, the Court of Appeals held that a commercial broker could not enforce an obligation to pay a commission against an owner’s assignee. In ... Read More
Maryland Court of Special Appeals: When A Foreclosure Sale Is Challenged
Noting that “in mortgage foreclosure law, as elsewhere, society’s interest in finality and repose is a weighty one,” in Devan v. Bomar the Maryland Court of Special Appeals ruled against a homeowner and found that her post-sale foreclosure challenge was too late. Mr. and Mrs. Bomar owned ... 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: Maryland Implements Statewide Subpoena Form
Beginning July 1, 2015, the Maryland Judiciary will begin using a statewide subpoena form. To ensure that the required seal of the issuing court and the proper clerk's signature appear on the subpoena, there are separate forms for each circuit and district court; but the content of each from is the ... Read More
TAGGED: maryland, maryland electronic courts, mdec, subpoena form