United States v. Susquehanna Bank
Maryland's federal district court rejected the IRS contention that internal IRS regulations wipe out state recording statutes and the "relation back" principle that gives deeds an effective date prior to actual recording. The…more
On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to…more
One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration…more
Maryland remains one of the toughest jurisdictions for plaintiffs seeking to pierce the corporate veil and impose personal liability on corporate owners for contract debts. Maryland has long recognized an equitable claim to…more
United States of America v....
The Internal Revenue Service appealed a grant of summary judgment favoring Mr. Valkenet's client, Susquehanna Bank. The Maryland bankruptcy court granted the bank's indemnity deed of trust priority over IRS tax liens by…more
On January 29, 2013, the Maryland Court of Appeals issued a decision that your title company can now be sued for negligent title searching, and for preparation of an incorrect or incomplete title commitment. This duty of care…more
Proving lost profits can depend on whether loss is measured "at the time of the breach," or based on future events and conditions anticipated by the parties to a contract. In Tower v. Tower, decided in November, 2012,…more
Dominion Financial Services, LLC v....
Maryland's intermediate appellate court has affirmed the Baltimore City Circuit Court's grant of summary judgment in favor of Bank of America, which loaned money for a home purchase without paying off a prior lien. Maryland's…more
Your smart phone stores everything you expect to keep private, and in many states that information is readily available to the police! And police access to your private information may not even require a warrant. Will your phone…more
You may go to jail if you alter a deed, even if you have a good faith belief that the changes are correct. The poor fellow in this case believed he owned the entire fee interest in his business property. The State of Maryland…more
Are you proud to have lots of Facebook "friends?" Well, any one of them can give strangers, including the U.S. Government, access to your account. Your privacy settings won't completely bar access by strangers. In an August…more
Can your employer demand access to your Linkedin account? Can your employer keep access to your account after you terminate employment? Can you sue for damages if your employer denies you access to Linkedin, and your hundreds…more
If you own a boat in Maryland, you are at risk for a maritime lien. And if you miss published notices in the newspaper, you may not receive actual notice until no more than ten days before a scheduled auction of your boat! …more
When your settlement company doesn't record your deed, and takes your money, you may have to push your lender to do the right thing, or make claim on your owner's title insurance policy. Most lenders will make claim on their…more
Tina Turner's character in "Mad Max Beyond Thunderdome" declared "Bust a deal, face the wheel!" This was the penalty for not fulfilling a contract in the fictional "Bartertown." What do you owe your broker if your home sale goes…more
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