Suntrust Bank v. Goldman

Suntrust Bank v. Goldman

A recent decision by the Maryland Court of Special Appeals ("COSA") stands to change how banks and other creditors handle documenting loan facilities and enforcing rights and remedies thereunder.

In Suntrust Bank v. Goldman, the COSA held that only attorneys' fees actually incurred, which may include future fees if they can be proven with certainty, may be awarded despite contractual language allowing for a greater amount.

Date:

November, 2012

Written by:

Hunter C. Piel

A Recent Victory For The Maryland Mortgage Loan Purchase Market

A Recent Victory For The Maryland Mortgage Loan Purchase Market

Investors in the Maryland mortgage loan purchase market can breathe a sigh of relief (at least for now) as a result of a recent decision by the Court of Special Appeals of Maryland where the Court held that a non-holder in possession of a note has the same rights as a holder to enforce the terms of a note.

In Anderson, et ux. v. Burson, et al., No. 00434, filed December 22, 2010, the Court of Special Appeals of Maryland was asked to address a challenge to a mortgage loan assignee's right to enforce the rights and remedies contained in the subject loan documents.

Date:

January, 2011

Written by:

Hunter C. Piel

The Progression Of Recent Maryland Foreclosure Laws: From Headache To Opportunity For Investors

The Progression Of Recent Maryland Foreclosure Laws: From Headache To Opportunity For Investors

The Maryland General Assembly has reacted quickly and idealistically to the foreclosure crisis rampant throughout the country and in Maryland. In 2008, the Maryland General Assembly enacted legislation to elongate the foreclosure process.

By 2010, the Maryland General Assembly had written loss mitigation programs and mediation remedies for borrowers into the code.

Date:

October, 2010

Written by:

Hunter C. Piel