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Guttman v. Wells Fargo

Bad affidavit Certified question appeal to Maryland Court of Appeals from U.S. Bankruptcy Court, lender's brief

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Bankruptcy Trustees filed over 100+ adversary cases seeking to invalidate recorded deeds of trust for lack of affidavits of consideration. Maryland's Curative Act was raised as a defense in motions to dismiss. The bankruptcy court selected four cases to be certified to the Maryland Court of Appeals. This lender's brief digests the controlling Maryland law on affidavits of consideration and Maryland's Curative Act. The lender's won.


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Published In: Bankruptcy Updates, Residential Real Estate Updates

Reference Info: Appellate Brief | Federal, 4th Circuit, Maryland | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thomas Valkenet, Young & Valkenet | Attorney Advertising

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