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DOUGLAS C. MYERS v. RONALD B. KATZ, et al.

Real property — Foreclosure sale — Res judicata

In 2011, Ronald B. Katz, appellee, acting as substitute trustee, sold two properties owned by Douglas C. Myers, appellant, at a foreclosure sale. The circuit court ratified the sale on June 28, 2011, and Mr. Myers appealed. While the appeal was pending, Mr. Myers also filed a motion to vacate the foreclosure sale pursuant to Maryland Rule 2-535(b), which the circuit court denied. He then appealed the denial of his motion to vacate. We consolidated both appeals and affirmed. See Myers v. Katz, No. 1058, Sept. Term 2011 (filed June 4, 2013). After the mandate issued, Mr. Myers filed a second motion to vacate pursuant to Rule 2-535(b), which the circuit court again denied. He filed a notice of appeal from the denial of that motion and we again affirmed, holding that his claims were barred by the law of the case doctrine because they were either raised on or could have been raised in his appeal from the denial of his first motion to vacate. See Myers v. Katz, No. 1091, Sept. Term 2014 (filed Oct. 19, 2015). In 2017, Mr. Myers filed a “Complaint for Declaratory Judgment and Injunctive Relief” in the Circuit Court for Baltimore County against Mr. Katz; CFG Community Bank, his mortgage lender; and Frederick Burgesen, the purchaser of the properties at the foreclosure sale. As relief, he sought $450,000 in compensatory damages and a declaration that “the foreclosure sale of [his] property [was] void ab initio, [ ] the subsequent judgment of ratification, and the Deed to the third-party purchaser [was] a nullity, and that [he] still own[ed] the property.” The circuit court granted summary judgment and dismissed his complaint as being barred by res judicata. Mr. Myers now raises three issues on appeal, which reduce to one: whether the circuit court erred in dismissing his complaint. Because all the claims raised in his complaint are barred by res judicata, we shall …

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