Additional November 2020 Maryland Certiorari Grant
Following its November 19 conference, the Court of Appeals of Maryland granted review in one additional case. It is listed below, followed by two cases in which the Court of Appeals has accepted certified questions for review.
Nationstar Mortgage LLC d/b/a Mr. Cooper, et al. v. Donna Kemp – Case No. 43, September Term, 2020 (Reported COSA opinion by Judge Nazarian)
Issues – Commercial Law – 1) Does the definition of a “lender” in Md. Code § 12-101(f) of the Commercial Law Article (“CL”) as “a person who makes a loan” include a mortgage purchaser and a mortgage servicer who do not make loans? 2) Is the Maryland Consumer Debt Collection Practices Act limited to policing methods of collection and does it exempt claims for collector’s unlawful claims for amounts barred by Maryland law? 3) Does CL § 14-202(8) exclude novel collection practices?
In re: Anthony D. Walker and Denicia P. Walker – Misc. No. 8, September Term, 2020 (Certified Question from the U.S. Bankruptcy Court for the District of Maryland)
Question: Can a community association’s lien perfected under the Maryland Contract Lien Act, Md. Code Ann., Real Prop. §§ 14-201 et seq., secure unpaid damages, costs of collection, late charges, and attorney’s fees arising under the association’s governing documents that accrue subsequent to the recordation of the lien?
Benjamin Caleb Trott v. State of Maryland – Misc. No. 9, September Term, 2020 (Certified Question from the Court of Special Appeals of Maryland)
Question: Did the circuit court err in denying Appellant’s motion to suppress?