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BANK OF AMERICA, N.A., v. RANDEL BURGESS, ET UX.

Real property — Equitable mortgage — Failure to state a claim

This is an appeal from the dismissal of an action in the Circuit Court for Baltimore County, which sought to reform a previously recorded Deed and Deed of Trust. Appellant Bank of America filed a Complaint and Notice of Lis Pendens against appellee Randel Burgess and his wife, Pamela Burgess, concerning a property titled to them which appellant averred was not properly secured by the bank’s interest. When appellees failed to answer the Complaint, appellant requested an Order of Default, which was granted. During the hearing on the inquisition of damages, the judge requested evidence from appellant regarding whether it held the current Note. Appellant appeared without a witness to answer the court’s inquiry, and thus, it was agreed that the matter would be continued. At the second hearing, wherein representatives for appellants established that they held the Note, but failed to produce the document itself, the Court again expressed its concern over the request for reformation.

Thereafter, in a Memorandum Opinion, the court dismissed appellant’s complaint, finding appellant’s failure to enter the Note into evidence prohibited the Court from declaring the rights of the parties pursuant to that Note or otherwise granting the relief requested.

Read the opinion here: