Griffin v. Shapiro

857 A.2d 519, 158 Md. App. 337, 2004 Md. App. LEXIS 126
CourtCourt of Special Appeals of Maryland
DecidedSeptember 3, 2004
DocketNo. 1786
StatusPublished

This text of 857 A.2d 519 (Griffin v. Shapiro) 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
Griffin v. Shapiro, 857 A.2d 519, 158 Md. App. 337, 2004 Md. App. LEXIS 126 (Md. Ct. App. 2004).

Opinion

KENNEY, Judge.

Rebecca Griffin appeals from an order of the Circuit Court for Baltimore County denying her request to set aside a sheriff’s sale. On appeal, she asks two questions, which we have reworded:

1. Did the circuit court err by not setting aside the sheriffs sale because the sale price was grossly inadequate due, in part, to the listing of an incorrect zip code in the advertisement for the sale?
2. Did the circuit court err by determining that appellant was not entitled to credit for payments made under an “Interim Forbearance Agreement?”

Answering “no,” we shall affirm the judgments of the circuit court.

FACTUAL AND PROCEDURAL BACKGROUND

In April 1997, Lewis Shapiro, appellee, obtained a judgment by confession against appellant, in the Circuit Court for Baltimore City.1 The claim underlying the judgment arose “from a defaulted deed of trust secured by assets, including real estate, a liquor license, and other business assets located [340]*340at 1804 Greenmount Avenue, Baltimore, Maryland, and owned by Royson, Inc.” The judgment was in the amount of $74,108.61 plus interest.

On August 20, 1997, appellee filed a “Notice of Entry of Confessed Judgment” in the Circuit Court for Baltimore County. Appellant moved to vacate the judgment, arguing:

1. That [appellant] is a resident of Baltimore City, Maryland.
2. That [appellant] was never served a copy of the complaint for Judgment by Confession.
3. That [appellant] never signed or authorized the signing of [a] promissory note.
4. That [appellant] never entered into any agreement with [appellee].

The circuit court denied appellant’s motion and the judgment was entered in Baltimore County.

On February 2, 1998, appellee filed a “Request for Writ of Execution,” directing the Baltimore County Sheriffs Office (“Sheriff’) to levy upon real property, consisting of a Cape Cod style home with a detached garage, owned by appellant and her husband, John Griffin, located at 7800 Liberty Road, Baltimore, Maryland 21207. On February 3, 1998, the Sheriff levied and attached the property, but no sale was conducted. Seven months later, appellant filed a suggestion of bankruptcy in the circuit court and no further action was taken on the confessed judgment at that time.

In November 1999, the parties executed an “Interim Forbearance Agreement” (the “Agreement”), which provided, in part:

RECITALS
WHEREAS, [appellee] obtained a judgment against [appellant] and others in the Circuit Court for Baltimore City ...; and
WHEREAS, on the 25th day of March, 1999 [appellant] filed her Amended Voluntary Petition for relief under Chap[341]*341ter 13 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Maryland ...; and
WHEREAS, the claim underlying the judgment arises from a defaulted deed of trust secured by the assets, including real estate, a liquor license, and other business assets located at 1804 Greenmount Avenue, Baltimore, MD, and owned by Royson, Inc.; and
WHEREAS, [appellant’s] spouse, John Griffin, is a fifty percent shareholder and officer of Royson, Inc.; and
WHEREAS, [appellant] will shortly file a Third Amended Chapter 13 Plan (the “Plan”) in her bankruptcy proceeding which Plan includes certain terms and conditions regarding the interim forbearance of [appellee] from prosecuting his claim and, moreover, the ultimate payment of the same.
Section 1. Forbearance
1.1 [Appellee] hereby agrees to forebear from prosecuting or exercising any of the federal, state, or contract rights that he would otherwise have against either (i) | appellant], (ii) any real estate in which [appellant] has interest, and/or (iii) the assets of Royson for so long as [appellant] remains in compliance with the terms and conditions of the Plan.
1.2 [Appellant] has agreed that she will make adequate protection payments to [appellee] outside of the Plan of $500.00 per month with said payments to be made on the fifteenth (15th) day of each month beginning November 15, 1999.... Moreover, following confirmation, [appellant’s] spouse will use his best efforts to market the real estate known as the Royson Real Estate (1804 Greenmount Avenue) for the purpose of selling the same to satisfy the debt due [appellee]. Unless the Royson Real Estate is sooner sold, the $500.00 payments shall continue for the entire terms of the Plan.
[342]*342* 4: *
1.4 For so long as .[appellant] honors her obligations to [appellee] under the Plan, [appellee] agrees to continue to forebear as set forth in paragraph 1.1. However, in the event [appellant] is in default of those obligations in paragraph 1.1, then, in event, [appellee] may enforce his rights against Royson’s assets and may seek appropriate relief in the bankruptcy court with regards to any other property in which [appellant] has an interest.

The United States Bankruptcy Court for the District of Maryland approved the Agreement on March 30, 2000. During the pendency of the bankruptcy proceedings, and pursuant to the Agreement, appellant paid $27,196.42 to appellee. On June 19, 2001, the bankruptcy court entered an order “discharging [appellant] after completion of payments under [the] plan.”

In May 2003, appellee filed another “Request for Writ of Execution” in the circuit court, directing the Sheriff to levy upon the Liberty Road property owned by appellant and her husband. The Sheriff levied and attached the property on May 21, 2003. An advertisement was placed in The Jeffersonian, a weekly newspaper, and ran once a week for three successive weeks prior to the sale, which occurred on July 9, 2003. The advertisement stated:

Office of the
Sheriff of Baltimore County
R. Jay Fisher
401 Bosley Avenue
Towson, Maryland 21204
410-887-3151
SCHEDULE
Of the property executed and levied upon by R. Jay Fisher, Sheriff of Baltimore County, this 21st day of May, 2003 by [343]*343virtue of a writ of Execution issued out of the Circuit Court for Baltimore County, and directed to the Sheriff thereof against the Goods and Chattels, Lands and Tenements of John & Rebecca Griffin at the suit of Lewis Shapiro and appraised by us, the subscribers, who were first duly summoned and sworn for the purpose
TO BE SOLD: Property known as 7800 Liberty Rd., 21207 with the following improvements: One stone cape cod house with a detached garage.
TERMS OF SALE: $10,000.00 Deposit, cash or cashiers check at the time of the sale, balance to be paid within 45 days of court ratification. Judgment creditor is permitted to buy in at the sale using their judgement.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

COLOMIRIS v. Woods
727 A.2d 358 (Court of Appeals of Maryland, 1999)
McCartney v. Frost
386 A.2d 784 (Court of Appeals of Maryland, 1978)
Taylor v. NationsBank, N.A.
776 A.2d 645 (Court of Appeals of Maryland, 2001)
Arban v. Rogers
279 A.2d 457 (Court of Appeals of Maryland, 1971)
Silver Spring Development Corp. v. Guertler
262 A.2d 749 (Court of Appeals of Maryland, 1970)
Wells v. Chevy Chase Bank, F.S.B.
768 A.2d 620 (Court of Appeals of Maryland, 2001)
Habib v. Mitchell
261 A.2d 744 (Court of Appeals of Maryland, 1970)
Buckeye Development Corporation v. Brown & Shilling, Inc.
220 A.2d 922 (Court of Appeals of Maryland, 1966)
Auction & Estate Representatives, Inc. v. Ashton
731 A.2d 441 (Court of Appeals of Maryland, 1999)
DeTamble v. Adkins
124 A.2d 276 (Court of Appeals of Maryland, 1956)
County Commissioners of Charles County v. ST. CHARLES ASSOCIATES LTD.
784 A.2d 545 (Court of Appeals of Maryland, 2001)
Board of Trustees v. Sherman
373 A.2d 626 (Court of Appeals of Maryland, 1977)
Goldberg v. Frick Electric Co.
770 A.2d 182 (Court of Appeals of Maryland, 2001)
Rothman v. Silver
226 A.2d 308 (Court of Appeals of Maryland, 1967)
Ten Hills Co. v. Ten Hills Corp.
5 A.2d 830 (Court of Appeals of Maryland, 1939)
Williamson ex rel. Wallis v. Perkins
1 H. & J. 449 (General Court of Virginia, 1803)
Waters v. Duvall
6 G. & J. 76 (Court of Appeals of Maryland, 1834)

Cite This Page — Counsel Stack

Bluebook (online)
857 A.2d 519, 158 Md. App. 337, 2004 Md. App. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-shapiro-mdctspecapp-2004.