Category Archives: MD Appeals

Published Fourth Circuit Opinion On Maryland Credit Law Relies On Unpublished Opinion

In a published opinion that relied upon the reasoning of a previous unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit held in Gardner v. GMAC that the Maryland Credit Grantor Closed End Credit Provisions, Md. Code Ann., Com. Law sec. 12-1001, et seq., require borrowers to have repaid more than the original principal amount of their loans... Read More >

Mortgage Company’s Indemnification Claim Against Loan Officer Not Discharged In Bankruptcy

When Fidelity First Home Mortgage Company was found liable by a jury under the doctrine of respondeat superior when one of its loan officers engaged in a fraudulent foreclosure rescue scheme, it sued the loan officer seeking indemnification and contribution. The loan officer claimed that Fidelity’s claims were discharged... Read More >

Maryland Court of Appeals: Breeding v. Koste

The Maryland Court of Appeals held in Breeding v. Koste that the “woodlands exception” applied in cases involving prescriptive easements also applies to adverse possession where the land at issue is unimproved or otherwise in a general state of nature. The exception holds that in such circumstances, there is a legal presumption that the claimant’s use is by... 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 >