Category Archives: Foreclosure

Additional Practical Analysis: Obduskey v. McCarthy & Holthus LLP

The U.S. Supreme Court ruled unanimously on March 20, 2019 in Obduskey v. McCarthy & Holthus LLP that a law firm hired to pursue a nonjudicial foreclosure under Colorado law was not a debt collector under the Fair Debt Collection Practices Act (FDCPA). In a nonjudicial foreclosure, notice to the parties and sale of the property occur outside... Read More >

Commercial Tenant’s Lease – Estoppel and Attornment Considerations

A standard provision of commercial lease agreements is an agreement by the Tenant to execute estoppel certificates, and to attorn to a lender. An estoppel certificate is a statement from the tenant to either a lender or a prospective purchaser that clarifies: what property is leased (often includes square footage) the length term of the lease that the lease has or... Read More >

MD Court of Special Appeals: Greentree Series V, Inc. v. Hofmeister

In a matter of first impression, the Maryland Court of Special Appeals held in Greentree Series V, Inc. v. Hofmeister that the word “or” in Md. Rule 14-305(g) was to be read literally to give a trial court an either/or option, thus precluding the trial court from granting both options in relief. The Rule in question states that when a... Read More >