Real Property Law

May 30, 2023

PAPA MENU, INC., ET AL. v. GW REAL ESTATE OF MARYLAND, INC.

Real property — Lease agreement — Jurisdiction This is an appeal from summary judgment in favor of commercial landlord GW Real Estate of Maryland, Inc. (“GWRE”), appellee, on its claim for nonpayment of rent due on leased premises in Baltimore City. Read the opinion

May 30, 2023

A1A PROPERTIES, LLC v. EDWARD S. COHN, ET AL.

Real property — Foreclosure — Equitable abatement A1A Properties, LLC (“A1A”), appellant, purchased a residential property in Baltimore County at a foreclosure sale. The Substitute Trustees, appellees, timely reported the sale to the Circuit Court for Baltimore County. Before the sale was ratified, the Governor declared a State of Emergency due to the COVID-19 pandemic. […]

May 9, 2023

BOARD OF COUNTY COMMISSIONERS OF SOMERSET COUNTY v. HOWARD KEVIN ANDERSON, et al.

Real property law — Fee simple interest — Mootness This is the second time that this Court has reviewed a decision by the Circuit Court for Somerset County regarding the installation of solar power cables beneath two county roads that adjoin properties owned by appellees, William and Kevin Anderson (the “Andersons”). Read the opinion

Apr 3, 2023

CRESCENT INVESTMENT GROUP, LLC v. THOMAS BURKE, ET AL.

Real property — Restrictive covenant — Enforceability This appeal involves the enforceability of a restrictive covenant on real property in Harford County. Read the opinion

Mar 27, 2023

DAVID SIMARD v. BRIAN GALLAGHER

Real property — Foreclosure proceeding — Motion to stay In this appeal from a ruling by the Circuit Court for Prince George’s County, David Simard asserts that the circuit court erred in denying his second motion to stay a foreclosure proceeding and in denying his motion to dismiss the foreclosure action without conducting a hearing. […]

Mar 16, 2023

LAURA GRATTON v. JOSHUA PROGAR, ET AL.

Real property — Quiet title — Breach of contract Laura Gratton appeals the order of the Circuit Court for Anne Arundel County granting summary judgment and quieting title to real property in favor of Joshua Progar and Emma Progar, husband and wife, and of M&T Bank. Read the opinion

Mar 7, 2023

HARRIETTE ELIZABETH BELL v. JOHN E. DRISCOLL, III, et al

Real property — Foreclosure — Motion for reconsideration In this appeal from a foreclosure action in the Circuit Court for Baltimore County, Harriette Elizabeth Bell, appellant, challenges the court’s denial of her “Motion for Reconsideration,” re-ratification of an audit, and deeming of her “Motion in Response” as moot. Read the opinion

Mar 6, 2023

AL CZERVIK LLC, ET AL. v. MAYOR & CITY COUNCIL OF BALTIMORE

Real property — Tax sale — Void or voidable This appeal requires us to consider whether a tax sale was void or voidable. That distinction matters because it determines whether a tax sale purchaser is entitled to recover interest and expenses from a tax collector, here, the Mayor & City Council of Baltimore (“the City”), […]

Mar 3, 2023

KOFI L. BOATENG, et al. v. KRISTINE D. BROWN, et al.

Real property — Foreclosure — Motion to stay In 2016, appellees, acting as substitute trustees, filed an Order to Docket in the Circuit Court for Prince George’s County, seeking to foreclose on real property owned by Kofi L. Boateng and Comfort Boateng, appellants. Read the opinion

Feb 20, 2023

NICOLE PETERS-HUMES, ET AL. v. DIANA C. THEOLOGOU

Real property — Foreclosure — Motion for deficiency judgment The primary issues before us in this appeal are whether the appellants, George Humes and Nicole Peters-Humes, were properly served with a motion for deficiency judgment in a foreclosure action. Read the opinion

Feb 13, 2023

STANLEY JONES, et al. v. CARRIE M. WARD, et al.

Real property — Foreclosure — Appellate juridiction In June 2014, appellees, acting as substitute trustees, filed an Order to Docket in the Circuit Court for Charles County, seeking to foreclose on real property owned by Stanley Jones, appellant. The property was ultimately sold at a foreclosure sale to MTGLQ Investors, LP (MTGLQ) by way of […]

Feb 8, 2023

DINA JACKSON v. JEFFREY NADEL, ET. AL.

Real property — Foreclosure sale — Ratification order Pursuant to a deed of trust that gave them the authority to do so, Jeffrey Nadel, Scott Nadel, Daniel Menchel and Doreen Strothman (the “Substitute Trustees”) filed a foreclosure proceeding against a residence owned by appellant, Dina Jackson. After the Circuit Court for Montgomery County ratified the […]

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