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Baltimore Home Alliance, LLC v. Geesing

Court of Special Appeals of Maryland

August 1, 2014

BALTIMORE HOME ALLIANCE, LLC
v.
JACOB GEESING, et al

Page 221

Appeal from the Circuit Court for Prince George's County, Toni Clarke, Judge.

APPEAL FROM THE ORDER OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY DATED AUGUST 1, 2013, AND ENTERED AUGUST 7, 2013, DISMISSED. APPELLANT TO PAY COSTS.

Argued by: Byron L. Huffman of Columbia, MD for Appellant.

Argued by: David C. Haresign (BWW Law Group, LLC on the brief) Bethesda, MD for Appellee.

Panel: Woodward, Kehoe, Arthur, JJ.[*] Opinion by Woodward, J.

OPINION

Page 222

[218 Md.App. 378] Woodward, J.

Baltimore Home Alliance, LLC,[1] appellant, bought property located at 14704 Candy Hill Road, I/R/T/A 14702 Candy Hill Road, in Upper Marlboro, Maryland (" the Property" ) for $100,000 in a foreclosure sale from appellees, Jacob Geesing, Howard N. Bierman, and Carrie M. Ward, Substitute Trustees. Appellant paid a $27,000 deposit at the time of the sale. The Terms of Sale stated that, if appellant did not settle within ten days of the sale's ratification, the $27,000 deposit would be forfeited and the Property would be resold at appellant's risk and expense.

Appellant failed to settle within ten days of the sale's ratification, and appellees filed a Motion to Forfeit Deposit and Resell at Risk and Expense of Defaulting Purchaser (" Motion to Forfeit" ) in the Circuit Court for Prince George's County. On August 1, 2013, the circuit court granted appellees' motion in a written order that declared appellant's deposit forfeited and authorized the Property to be resold at appellant's risk and expense. On August 12, 2013, appellant filed this appeal, in which it presents one question for our review, which we have rephrased:[2] Did the circuit court err in granting appellees' Motion to Forfeit? For the reasons set forth below, we do not reach appellant's question, because the circuit court's order was not final and appealable, and thus the appeal must be dismissed.

BACKGROUND

Sometime prior to August 2012, Marcus and Lisa Turner defaulted on the mortgage

Page 223

securing the Property. An Order to Docket Foreclosure was filed in the circuit court on August [218 Md.App. 379] 3, 2012, and amended on August 24, 2012. A Final Loss Mitigation Affidavit was filed on October 9, 2012.

On December 13, 2012, an advertisement for the sale of the Property was placed in the Prince George's Post. The advertisement included the Terms of Sale, as well as the date, time, and place ...


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