101 Geneva LLC v. Wynn
Annotate this CaseSubstitute trustees initiated a foreclosure action against defaulting borrowers. The foreclosure sale was announced in a newspaper advertisement stating that if the purchaser failed to settle within ten days of the ratification, the purchaser would pay attorney fees of $750. Appellant subsequently purchased the property. Prior to any ratification by the circuit court of the foreclosure sale, the administrative judge for the circuit court issued a notice stating that because the $750 included in the advertisement was an impermissible fee under Maddox v. Cohn, the sale was invalid. A hearing judge deferred to the administrative judge's opinion and entered an order vacating the sale and ordering a resale. The Court of Appeals reversed the order vacating the foreclosure sale, holding (1) the hearing judge abused her discretion in yielding deference to the administrative judge's view of the matter; (2) the screening procedures utilized by the circuit court, pursuant to Md. Rule 14-207.1, were permissible in this case; and (3) Maddox was inapposite to this case because the fee here was contemplated by a Maryland rule. Remanded.
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