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DOUGLAS C. MYERS v. RONALD B. KATZ, SUBSTITUTE TRUSTEE

Real property — Foreclosure — Execution of modification agreements

February 23, 2011, appellee, Ronald B. Katz, as substitute trustee, sold at a foreclosure sale properties owned by appellant, Douglas C. Myers. The Circuit Court for Baltimore County ratified the foreclosure sale on June 27, 2011, and this Court affirmed the ratification on June 4, 2013, in an unreported opinion. Our opinion also affirmed the circuit court’s denial of Myers’s motion to vacate under Maryland Rule 2-535(b).

Ten months after the filing of our opinion, on April 7, 2014, Myers filed a second motion to vacate the ratification of the foreclosure sale under Rule 2-535(b), as well as a motion to alter or amend the court’s order overruling Myers’s exceptions to the auditor’s account and ratifying said account. The circuit court denied Myers’s motions on July 8, 2014.

On appeal, Myers presents six questions for our review. Myers’s questions, as originally set forth in his brief, are as follows:

1. Did the Circuit Court err by denying the Rule 2-535(b) Motion to Vacate, based on Law of the Case?

2. Did execution of the Modification Agreements render th e foreclosure not actionable as a matter of law?

3. In recognition of Md. Rule 14-204, did the Substitute Trustee have the authority to sell the property?

4. Did the Circuit Court have the jurisdictional power to ratify the foreclosure sale?

5. Should the enrolled judgments be vitiated due to fraud, mistake, and irregularity?

6. Does the Auditor have the right to include the increased provisions per the Amended Note, in the Auditor’s Report?

Read the opinion here: