Thomas Valkenet – Young & Valkenet

United States v. Susquehanna Bank

Memorandum Opinion

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

| Bankruptcy, Civil Procedure, Insurance, Real Estate - Commercial,...

Maryland's highest court blocks another foreclosure defense

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

| Bankruptcy, Civil Remedies, Commercial Law & Contracts, Consumer...

Arbitrate, don't surrender!

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

| Alternative Dispute Resolution (ADR), Business Torts, Conflict of Laws,...
United States of America v....

Appellee's Brief

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

| Bankruptcy, Civil Procedure, Conflict of Laws, Real Estate - Commercial,...

Maryland establishes tort duty of care for title companies

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

| Business Torts, Insurance, Real Estate - Commercial, Real Estate -...

Proving lost profits in a busted market for your Maryland case.

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

| Business Torts, Civil Remedies, Commercial Law & Contracts, Real Estate...
Dominion Financial Services, LLC v....

Decision of Maryland Court of Special Appeals

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

| Civil Procedure, Commercial Law & Contracts, Real Estate - Residential

Your dumb smart phone will give you up to the police!

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

| Civil Rights, Criminal Law, Privacy

An altered deed will not go unpunished in Maryland!

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

| Business Organizations, Criminal Law, Real Estate - Commercial, Real...

Facebook needs a "probable cause" button.

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

| Constitutional Law, Criminal Law, Intellectual Property, Privacy

Linkedin Lockout Loss for Employee

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

| Business Torts, Civil Procedure, Civil Remedies, Communications & Media...

Save your boat from auction in Maryland ! The "hull" truth.

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

| Civil Remedies, Maritime Law

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.