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Has the Appellate Court of Maryland Disrupted the Tax Sale Market?

Real property tax certificate sales provide a way for taxing authorities to collect delinquent taxes without having to foreclose on properties and take ownership. When the purchaser of the tax sale certificate obtains the...more

West Virginia Supreme Court Rejects Federal “Plausible On Its Face” Standard For Motions to Dismiss Under State Counterpart of...

The Rules of Civil Procedure adopted by the West Virginia Supreme Court of Appeals are derived to a large extent from the Federal Rules of Civil Procedure.  In fact, many of the West Virginia Rules of Civil Procedure track...more

Maryland's Highest Court Confirms That Breach of Fiduciary Duty Exists As An Independent Cause of Action

Whether Maryland law recognizes an independent cause of action for breach of fiduciary duty has been an unsettled question.  As the Maryland Court of Appeals noted in its July 14, 2020 opinion in Plank v. Cherneski, “Maryland...more

"No Harm, No Foul:” Suit to Set Aside Foreclosure Sale for Failure to Comply With Deed of Trust Doomed By Failure to Allege That...

The opinion of the Virginia Supreme Court of Appeals in Young-Allen v. Bank of America provides both hope for lenders frustrated by borrowers who delay inevitable foreclosure sales by requiring the lender to comply with every...more

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