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On July 1, the Maryland Court of Special Appeals held that in a sale of business assets that includes both real property and other types of property, the state recordation and transfer taxes and the transfer taxes of Montgomery and ...

The Circuit Court for Baltimore County recently held that the portion of a sale of three senior living facilities relating to the business’ goodwill was subject to recordation and transfer taxes. In the Matter of Shelter Senior Living IV, L.L.C. ...

Tagged with: Douglas T. Coats edward j. levin goodwill Shelter Senior Living

The United States Bankruptcy Court for the District of Maryland recently held that the lien position of the assessments under the declaration that encumbers the land in Columbia, Maryland (the “Declaration”) was subordinate to that of a deed of trust ...

Tagged with: columbia association

The Court of Appeals recently held a recorded declaration that established water and sewer assessments on lots in a residential development did not by itself create a lien on the property. Instead, a lien can only be created after following ...

In Select Portfolio Servicing Inc. v. Saddlebrook West Utility Company LLC the Court of Special Appeals held last month that water and sewer assessments in favor of a private utility company created by a declaration on a residential development in ...

Consider the following (not so) hypothetical cases. No. 1. A lender made two loans to the same borrower. The borrower wanted to pay off one of the loans (Loan 1), but not the other (Loan 2). The lender agreed that ...

Tagged with: Bankruptcy mortgages

The District of Columbia Court of Appeals recently held that a first deed of trust on a condominium unit may be extinguished by a foreclosure sale that is held to satisfy six months of unpaid condominium assessments.

Tagged with: edward j. levin maryland

The Court of Special Appeals recently held that the boundary line between Maryland and Virginia, west of the District of Columbia, although fixed in a theoretical manner, actually shifts over time along with erosion and accretion of the south bank of the Potomac River.

Tagged with: edward j. levin Legal Commentary maryland

On June 30, the U.S. District Court for the Eastern District of Pennsylvania ruled that assignments of mortgages are required to be recorded under Pennsylvania law, and in so doing toppled the MERS electronic recording system of residential mortgages in that state.

Tagged with: legal news pennsylvania real property

We are often asked: What happens if a tree falls in Maryland? Or, what can you do when branches or roots of a tree growing on your neighbor’s property encroach onto your property and cause you damage?

Tagged with: edward j. levin liability maryland