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Real Property Law

Sep 15, 2023

TIMOTHY E. KOCH, ET AL. v. ROCHELLE B. HOLLANDER, ET AL.

Real property — Easements — Unclean hands This appeal arises out of a dispute between two neighboring property owners, Ronald and Rochelle Hollander (the “Hollanders”), and Timothy and Mary Koch (the “Kochs”), concerning the scope of a five-foot-wide easement granting the Hollanders pedestrian access to the Kochs’ property (the “Easement”). Read the opinion

Sep 13, 2023

IN THE MATTER OF CALVARY TEMPLE OF BALTIMORE, INC., ET AL.

Real property — Variances — Standing This marks the second appeal taken from the decision by the Anne Arundel County Board of Appeals (the “Board”) on the application for a special exception and two variances filed by Appellee, Lumenary Memory Care at St. Stephen’s Church, LLC (“Lumenary”), to permit construction of a memory-care facility at […]

Sep 1, 2023

KAMAL MUSTAFA, ET. AL. v. CARRIE M. WARD, ET. AL.

Appellants, Kamal Mustafa and Fatima Mustafa (collectively, the “Mustafas”), borrowed a $600,000 loan secured by a deed of trust on their home, 18306 Bubbling Spring Terrace, Boyds, Maryland 20841 (the “Property”). But, after the Mustafas defaulted on their loan, JP Morgan Chase Bank, through appellees, named Substitute Trustees — Carrie M. Ward, Howard N. Bierman, […]

Sep 1, 2023

DARYL GREEN v. DIANE S. ROSENBERG, ET AL.

Real property — Foreclosure — Evidentiary hearing This case returns to us for the third time on appeal as Daryl Green, (“Appellant”), challenges the order issued by the Circuit Court for Prince George’s County on April 21, 2022, denying the latest in a series of emergency motions filed by Appellant to stay the foreclosure sale […]

Aug 22, 2023

OMAHA PROPERTY MANAGER, LLC, ET. AL. v. OMAHA PROPERTY MANAGER, LLC

Real property law — Default order — Legal standing The substantive issue in this case is whether Omaha Property Manager, LLC, a Delaware limited liability company (“Delaware Omaha”) or Omaha Property Manager, LLC, a Maryland limited liability company (“Maryland Omaha”) is the rightful owner of a residential property located in Boyds, Maryland. Read the opinion

Aug 9, 2023

ALAN M. LANCASTER v. CLARKE, DYSON, MENAPACE

Real property law — Foreclosure — Standing In 2019, Clarke, Dyson, Menapace, appellee, acting as Substitute Trustee, filed an Order to Docket, in the Circuit Court for Prince George’s County, seeking to foreclose on real property owned by Alan M. Lancaster, appellant. Lancaster filed a motion to stay or dismiss the foreclosure action, which was […]

Aug 9, 2023

LORIANN KNIGHT v. JEFFREY FISHER, et al.

Real property law — Foreclosure — Subject matter jurisdiction After Loriann Knight, appellant, defaulted on a deed of trust loan on her home, appellees, acting as substitute trustees, filed a foreclosure action in the Circuit Court for Baltimore City. Ms. Knight’s home was ultimately sold at a foreclosure sale and the circuit court ratified the […]

Jul 21, 2023

4607, LLC v. 1788 HOLDINGS LLC, ET AL.

Real property — Arbitration — Manifest disregard of controlling law The instant appeal is the latest chapter in a protracted dispute between appellant, 4607, LLC (“Seller”), and appellees, 1788 Holdings, LLC, Cobbler-Friendship Holdings, LLC, and The Chevy Chase Land Company of Montgomery County (“Purchasers”), about a contract they signed in 2015 in which Purchasers agreed [&h[...]

Jul 7, 2023

DAVID J. SIMARD v. BRIAN T. GALLAGHER

Real property law — Foreclosure — Objection to ratification In 2020, Brian T. Gallagher, appellee, acting as substitute trustee, filed an Order to Docket, in the Circuit Court for Prince George’s County, seeking to foreclose on real property owned by David J. Simard, appellant. Simard filed a motion to stay or dismiss the foreclosure action, […]

Jul 7, 2023

JASWANT BAWA, et al. v. CARRIE WARD, et al

Real property law — Foreclosure — Legal standing Jaswant and Harmeet Bawa, appellants, appeal from an order issued by the Circuit Court for Montgomery County denying their motion to stay or dismiss the foreclosure sale of their property. Read the opinion

Jun 29, 2023

MICHAEL SHRADER v. HARFORD COUNTY TAX SALES 2018, ET AL.

Real property — Foreclosure — Payment of surplus funds This case stems from a tax sale foreclosure in the Circuit Court for Harford County regarding real property located at 1303-F Sheridan Place in Bel Air (the “Property”). Read the opinion

Jun 21, 2023

BP REAL ESTATE INVESTMENT GROUP, LP v. JAMES E. CLARKE, ET AL.

Real property law — Foreclosure — Interests and costs This is an appeal by BP Real Estate Investment Group, LP (“BP”), appellant, of an order by the Circuit Court for Baltimore County denying its motion to abate interest and other costs in connection with its purchase of a residential property at a foreclosure sale. Read […]

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