Guttman v. Wells Fargo Bank
Maryland Court of Appeals
26 A.3d 856 (2011)
- Written by Eric Miller, JD
Facts
In four separate bankruptcy cases, the trustees (plaintiffs) filed adversary proceedings asserting that recorded deeds of trust were invalid due to missing or defective affidavits of consideration. The relevant creditors (defendants)—those whose interests were secured by the deeds of trust—argued that Maryland’s title-curative statute effectively cured the alleged defects. The curative statute provided that formal defects could be judicially challenged within six months of an instrument’s recording, but no such challenges had occurred in the four cases. The bankruptcy court consolidated the adversary proceedings and certified four closely related questions, which were accepted by the Maryland Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Harrell, J.)
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