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PHOENIX EAGLE CORPORATION v. HERBERT BURGUNDER, III, SUBSTITUTE TRUSTEE

Phoenix Eagle Corporation (“Phoenix Eagle”), appellant, appeals an order of the Circuit Court for Baltimore City denying its Motion to Stay and Dismiss the sale of three properties by Herbert Burgunder, III (“Mr. Burgunder”), appellee and substitute trustee.

Phoenix Eagle presents two questions for our review:

1. Whether the lower court erred in denying stay of sale and dismissal with respect to appellant’s property where appellant tendered payment of debt with respect thereto prior to sale?

2. Whether the lower court erred in denying motion to stay sale of three (3) properties as an entirety where Forbearance Agreement between the parties required sale of the properties separately?

Read the unreported opinion.