New MD Case Law – Deed Acquired Through Fraud by Son From Dying Mother (Md. App.)

Substitute trustees for refinancing mortgagee, on behalf of mortgagee, brought foreclosure action against refinancing mortgagor and personal representative of estate of original mortgagor. The personal representative filed a motion to stay and dismiss the action, alleging that the estate was the lawful owner of the property. The trial court denied the motion. The personal representative appealed and the court reversed and remanded. The substitute trustees then petitioned for certiorari. The court of appeals held that the creation of a constructive trust over property in the prior action did not by itself preclude foreclosure. The refinancing mortgagee was not a bona…

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