Thomas Valkenet – Young & Valkenet

Big Yachts more welcome in Maryland's Chesapeake Bay.

Maryland relaxes rules requiring Bay Pilots to exempt large yachts. It is seen as an attempt to bring big-spending mega yachts into the ports of Baltimore and Annapolis…more

Maryland changes to permit limited engagements in civil cases.

Effective July 1, 2015 Maryland 's rule on attorney appearances will change to allow limited engagements in civil cases. This means litigants may hire court lawyers for discrete events, like one motion and hearing, one…more
Susquehanna Bank v. United States of America

4th Circuit beats back the IRS lien in favor of late secured lender.

In to-be-published opinion, the U.S. Court of Appeals for the 4th Circuit affirmed a grant of summary judgment favoring a bank lien over IRS lien on the basis of equitable subrogation. However, the Court rejected the bank's…more

How to beat a bank for a quarter million bucks.

Maryland's intermediate appellate court applies familiar equitable subrogation rules to affirm the first lien priority of a refinance deed of trust over a prior unreleased home equity line of credit…more
National Institute of Health Federal Credit Union v. BAC Home Loans Servicing, LP

Opinion of Maryland Court of Special Appeals

In an unreported decision, Maryland's intermediate appellate court affirmed the trial court decision to award first lien priority to a refinance lender that paid down a home equity line of credit (HELOC) that was not recorded at…more

Maryland's highest court reinstates ground rent remedy of ejectment

Maryland's anachronistic ground rent system had been in flux for six years. Three years after the Maryland Court of Appeals invalidated the "register or lose it" statute, it has declared unconstitutional a statute that…more

Maryland upholds squatter conviction in light of bogus lease.

On January 24, 2014 Maryland's highest court upheld criminal convictions for theft and burglary arising from squatters claiming under a forged lease with the true owner, who had vacated the home seven months before. In a rare…more
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, Taxation

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 Protection, Real Estate - Residential

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, Construction Law, Real Estate - Commercial

Maryland's appellate courts preserve the corporate shield against efforts to pierce the corporate veil

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
| Business Organizations, Business Torts, Civil Remedies, Commercial Law & Contracts, Construction Law
United States of America v. Susquehanna Bank

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, Taxation

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 - Residential, Zoning, Planning & Land Use

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 - Commercial
Dominion Financial Services, LLC v. Bank of America, N.A.

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
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