Campbell v. Clarke, 011019 MDSCA, 1915-2017

Docket Nº:1915-2017
Opinion Judge:SHAW GETER, J.
Party Name:EVERAL CAMPBELL v. JAMES E. CLARKE, et al.
Judge Panel:Berger, Friedman, Shaw Geter, JJ.
Case Date:January 10, 2019
Court:Court of Special Appeals of Maryland
 
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EVERAL CAMPBELL

v.

JAMES E. CLARKE, et al.

No. 1915-2017

Court of Special Appeals of Maryland

January 10, 2019

Circuit Court for Prince George's County Case No. CAEF16-43753

Berger, Friedman, Shaw Geter, JJ.

OPINION [*]

SHAW GETER, J.

On December 13, 2016, appellees, James E. Clarke, Renee Dyson, Hugh J. Green, Patrick M. A. Decker, Khalid Walker, and Christine M. Drexel (substitute trustees), filed a Residential Foreclosure action against appellant, Everal Campbell, in the Circuit Court for Prince George's County. Nine days later, on December 22, 2016, appellees filed a Return of Service with the court indicating that after unsuccessful attempts, they posted a Notice of Foreclosure Action and left other vital documents in a "conspicuous place at [appellant's] address" at 6:01 a.m. on December 16, 2016. Appellant did not respond to the filing and the property was subsequently sold at a foreclosure sale on March 30, 2017.

In May 2017, appellant filed a Motion to Set Aside/Vacate [the] Foreclosure Sale and an Objection to Ratification and Confirmation of Foreclosure Sale-which the court treated as an exception. Appellees filed an opposition motion and on June 26, 2017, the trial court overruled the exceptions lodged by appellant. On September 11, 2017, appellant filed a Motion to Vacate Order of Ratification that was subsequently denied by the trial court. Appellant then filed a Notice of Appeal.

Appellant presents the following questions for our review, which have been reworded for clarity1:

1. Did the trial court abuse its discretion when it denied appellant's request for a hearing on the Motion to Set Aside/Vacate [the] Foreclosure Sale?

2. Did the trial court err when it denied the Motion to Set Aside/Vacate [the] Foreclosure Sale?

For reasons to follow we shall affirm the judgment of the Circuit Court for Prince George's County.

BACKGROUND

On April 19, 2010, appellant executed a promissory note and deed of trust in the amount of $245, 471.00 for property located at 10807 Westwood Drive, Cheltenham, Maryland 20623. Appellant failed to make his required payments and on December 13, 2017, appellees initiated foreclosure proceedings. Appellees filed a Final Loss Mitigation Affidavit, which was docketed with the court on January 30, 2017. Appellant did not file a response. On February 1, 2017, a Notice of Foreclosure Action Affidavit and Foreclosure Bond was filed and, again, no response was filed by appellant. Resultantly, the property was sold at a foreclosure sale on March 30, 2017.

On May 11, 2017, appellant filed a Motion to Set Aside/Vacate [the] Foreclosure Sale, which was treated by the court as an exception to the sale. Appellant alleged that the Final Loss Affidavit propounded by appellees fraudulently asserted that appellant had not requested or received "modification assistance." Appellant attached a document, that was addressed to him at 10807 Westwood Drive Cheltenham, Maryland 20623, suggesting that he was...

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