Green v. Taylor

787 A.2d 840, 142 Md. App. 44, 2001 Md. App. LEXIS 202
CourtCourt of Special Appeals of Maryland
DecidedDecember 31, 2001
DocketNo. 1990
StatusPublished
Cited by2 cases

This text of 787 A.2d 840 (Green v. Taylor) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. Taylor, 787 A.2d 840, 142 Md. App. 44, 2001 Md. App. LEXIS 202 (Md. Ct. App. 2001).

Opinion

ADKINS, Judge.

This case involves a longstanding lending relationship gone sour. In addition to reviewing the trial court’s finding that the borrower did not default under any loan, it requires that we interpret the scope of Md. Code (1974, 1996 Repl. Vol.), section 7-106(e) of the Real Property Article (“RP”). This subsection provides for the award of attorney’s fees to certain persons who sue to force a real estate lienholder to release the collateral upon payment of the underlying debt. We hold that Section 7-106(e) only applies to actions brought by settlement attorneys or other agents responsible for ’the disbursement of funds in connection with the grant of title to real property.

[47]*47Larry and Karen Taylor, appellees, entered into a series of secured loan agreements with John Fernstrom, a private lender, beginning in 1992. When the parties’ relationship deteriorated, Fernstrom assigned the right to payment on two deeds of trust to Richard K. Green, a licensed attorney, appellant. Believing that they had fully satisfied the debt underlying these two deeds of trust, the Taylors filed a complaint against Green in the Circuit Court for Prince George’s County, requesting the court to compel release of the deeds. After an evidentiary hearing, the trial court found in favor of the Taylors, ordered Green to release the deeds of trust, and awarded attorney’s fees to the Taylors pursuant to RP section 7-106(e).

We address the following issues raised by Green:

I. Did the trial court err in holding that a borrower may take direct action to obtain a release of deeds of trust and an award of attorney’s fees pursuant to RP section 7-106 when no settlement attorney or agent is involved?
II. Did the trial court err in determining that there was no default under the $65,000 promissory note?
III. Did the trial court abuse its discretion by refusing to make separate and independent findings of fact and conclusions of law, relying instead on appellees’ trial memorandum and incorporating that memorandum verbatim?
IV. Did the trial court err in granting appellees’ motion to amend the judgment without convening a hearing?

We answer yes to issues I and IV, and no to issues II and III.

FACTS AND LEGAL PROCEEDINGS

In 1992, the Taylors, looking for a new source of financing, requested Fernstrom to purchase two secured notes representing indebtedness by the Taylors to other lenders. Pursuant to this request, Fernstrom purchased a $67,500 deed of trust note from Rubinstein and Siegel (the “Rubinstein Note”) and a $200,000 deed of trust note from Citizens Bank (the [48]*48“Citizens Bank Note”). The purchase of these notes was effectuated by assignments from these lenders to Fernstrom.1

While the Rubinstein Note and the Citizens Bank Note were still outstanding, Fernstrom loaned money to the Taylors on three subsequent occasions. These loan agreements were documented on standard form commercial promissory notes signed by both of the Taylors on the following dates and for the following amounts: $11,500 on June 11, 1995; $13,500 on June 24, 1996; and $65,000 on April 13, 1997. The April 13, 1997 $65,000 note (the “$65,000 Note”) is at the center of the controversy in this case.

The Taylors paid off the Rubinstein Note in August 1998, and the Citizens Bank Note in late December 1998. Femst-rom, however, did not release either of those deeds of trust. The Taylors continued to make payments on the three remaining loans from Fernstrom. According to the Taylors, they were pre-paying each month’s interest on the $65,000 Note, and paying “interest only ... until [Mr. Taylor] made the $65,000 payment ... on [February 1,1999].”

In late November 1998, Fernstrom and the Taylors negotiated a $200,000 loan agreement in the form of a revolving line of credit secured by a deed of trust. The purpose of this loan was to enable the Taylors to buy a house. The loan would also replace the outstanding balances on the smaller loans directly from Fernstrom, which would become part of the total $200,000 indebtedness. Fernstrom directed Green to prepare the paperwork for this loan. Green was Fernstrom’s attorney, but also had represented the Taylors in the past in an unrelated matter.

The evidence was disputed as to whether Fernstrom or the Taylors agreed to be responsible for compensating Green for his services. Mr. Taylor testified that, although Fernstrom told him to go to Green’s office, he understood Green to be [49]*49preparing the loan documents for Fernstrom. He also related that Green never discussed payment of legal fees with the Taylors until after the documents were prepared and signed. Mrs. Taylor testified similarly.

In contrast, Fernstrom testified that he “explained to [Mr. Taylor] that the cost of documenting this new relationship and any legal fees or recordation costs that might be necessitated by creating this new relationship would have to be borne by [Taylor] up front.” According to Fernstrom, Taylor responded, “no problem.” The trial court resolved this dispute by finding that Fernstrom was responsible for the legal fees associated with drafting the $200,000 loan agreement.

After the Taylors signed the 1998 $200,000 note, they were presented with a bill from Green for the costs of preparing the transaction, including attorney’s fees and recording costs. This bill amounted to $5,000.2 The Taylors refused to pay this amount, and left Green’s office without receiving the agreed-upon advance.

On January 23, 1999, Fernstrom declared all of the loans in default. He subsequently assigned all of the loans to Green for consideration, via undated assignments handwritten on the notes themselves. Green testified that this assignment occurred after Fernstrom had declared the notes in default.

According to Mr. Taylor, on February 1, 1999 he “hand-delivered” to Fernstrom a check in the amount the Taylors understood to be the remaining balance due on the $65,000 Note. Green and Fernstrom, however, suggested that Taylor did not deliver this check until February 2, 1999. Although Fernstrom informed Taylor that the $65,000 Note already had been assigned to Green, Fernstrom accepted the Taylors’ check, and forwarded it to Green. Taylor testified that he thought this check fully paid off the $65,000 Note. According to Green, however, Taylor did not pay interest for the month [50]*50of January or the first two days of February 1999, so the $65,000 Note was not paid in full.

The Taylors, asserting that both the Citizens Bank and Rubinstein Notes had been fully paid off, asked both Fernst-rom and Green to release the deeds of trust securing these loans. They refused. On March 29, 1999, the Taylors filed this action against Femstrom and Green in the Circuit Court for Prince George’s County,3 seeking to compel release of those deeds of trust. In addition, the Taylors sought attorney’s fees for the expenses of obtaining these releases.

At trial, the Taylors disputed the validity of Fernstrom’s January 1999 declaration of default, claiming that Femstrom’s sole reason for doing so was the Taylors’ failure to pay Green’s $2,500 attorney’s fees bill stemming from the November 27, 1998 transaction. Fernstrom’s testimony at trial revealed the following:

[Taylors’ Counsel]. Okay.

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Bluebook (online)
787 A.2d 840, 142 Md. App. 44, 2001 Md. App. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-taylor-mdctspecapp-2001.