In re Sasscer, Case No. 06-13476PM (Bankr.Md. 7/5/2007), Case No. 06-13476PM.
| Decision Date | 05 July 2007 |
| Docket Number | Case No. 06-13476PM.,Adversary No. 07-0375PM. |
| Parties | IN RE: JAMES GHISELIN SASSCER, JR., Chapter 7, Debtor STEVEN H. GREENFELD, TRUSTEE, Plaintiff/Counter Defendant, v. FRANCES H. PARKER, Defendant/Counter Claimant |
| Court | U.S. Bankruptcy Court — District of Maryland |
Before the court is the Complaint filed by Steven H. Greenfeld, Chapter 7 Trustee of the bankruptcy estate of James G. Sasscer, Jr. ("Chapter 7 Trustee"), to quiet title to two parcels of property identified as 14800 Pratt Street, Upper Marlboro, Maryland, and certain unimproved property known as Parcel 228, Grid E-2, Tax Map 101, Upper Marlboro, Maryland. There is also before the court a counterclaim filed by defendant/counter claimant, Frances H. Parker ("Parker") seeking a ruling that a certain Sheriff's Deed dated June 14, 2004, recorded among the Land Records of Prince George's County, Maryland, served to convey the subject property to him. The claims are mutually exclusive.
To assist the court in making this determination, the court appointed an expert witness, Carlton M. Green, Esquire, a member of the Maryland Bar, to render an opinion as to the ownership of the subject property. Mr. Green is an acknowledged expert on land titles in the State of Maryland, and his Report was received in evidence without objection. Neither party saw fit to take further testimony from Mr. Green about the subject matter of his Report. A copy of that Report appears as Docket Entry 97 in the case file, No. 06-13476. The Report is accompanied by copies of the documents referred to in it. The Report opines that the ownership of the subject property is in James Ghiselin Sasscer, Jr. ("Debtor"), and therefore property of the bankruptcy estate. The court has carefully examined the Report and finds nothing in the record to controvert its findings.
Contrary to the allegations of the counterclaim, the Report, at page 4, states:
The title examination discloses a Sheriff's Sale dated June 14, 2004 from Michael Jackson to Francis Hill Parker that references Parcels One and Two in the deed recorded at Liber 2718, folio 246. Parcel 1 is 14800 Pratt Street, Upper Marlboro, Maryland. This reference does not refer to Tax Account No. 03-0235366 which is the tax account number assigned to 14800 Pratt Street, Upper Marlboro, Maryland. The June 3, 2004 Order of Ratification of the Sheriff's Sale only refers to property known as 5700 Old Crain Highway, Upper Marlboro, Maryland, consequently, 14800 Pratt Street, Upper Marlboro, Maryland was not sold or conveyed by said Sheriff's deed.
The court finds the case of Dorsey's Lessee v. Dorsey, 28 Md. 388 (1868), instructive. There must be such a description of the land seized and sold by the Sheriff that it may be ascertained and located. Otherwise, the seizure and sale are void. Where the seizure and sale are void for uncertainty in the description of property, the Court of Appeals went on to hold that the order of ratification by the Circuit Court could not give it validity. This court, therefore, finds that, subject to the liens of record, the properties were, at the time of the filing of this case, held by the Debtor, and, therefore, are property of the bankruptcy estate pursuant to § 541 of the Bankruptcy Code.
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