Maryland Family Law Maryland family law opinions and commentary
Divorce: marital settlement agreement: unambiguous contractual language
CSA No. 0818, September Term, 2011. Unreported. Opinion by Hotten, J. Filed July 10, 2012. RecordFax #12-0710-10, 18 pages.
Where the Marital Settlement Agreement provided that two consecutive late payments would trigger the sale of the encumbered property, the term “late” was unambiguous as a matter of law; in the context of a monthly financial obligation, a reasonable person would conclude that “late” means a payment made beyond the due date and, when the obligation is a mortgage, a reasonable person presumably would know that the due date determined by the financial institution.
