In Re: Matthew Edward Shkor

CourtDistrict Court, District of Columbia
DecidedDecember 3, 2025
DocketCivil Action No. 2023-3648
StatusPublished

This text of In Re: Matthew Edward Shkor (In Re: Matthew Edward Shkor) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Matthew Edward Shkor, (D.D.C. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

_________________________________________ ) IN RE: MATTHEW EDWARD SHKOR ) ) CORNERSTONE CAPITAL, LLC, ) ) Case No. 23-cv-03648 (APM) Appellant, ) ) On appeal from the United States v. ) Bankruptcy Court for the District ) of Columbia CAPITAL BANK, N.A., ) ) Appellee. ) _________________________________________ )

MEMORANDUM OPINION

I. INTRODUCTION

In 2017, Matthew Shkor obtained two loans secured by liens on his property: the first from

Capital Bank, N.A. (“Capital Bank”), and the second from Cornerstone Capital, LLC

(“Cornerstone”). Capital Bank was first in lien priority. In early 2018, Capital Bank agreed to

refinance Shkor’s original loan, using the same property as security. As a putative condition of

issuing a title policy for the new lien, Capital Bank ’s title insurer required that Cornerstone release

its second priority lien, which would allow Capital Bank to retain first position. Unbeknownst to

Capital Bank, Cornerstone never agreed to the release. Still, the settlement agent went through

with the transaction, and Capital Bank received a title insurance policy with no reference to

Cornerstone’s lien. District of Columbia land records thereafter showed Cornerstone’s lien as

having moved into first position. Cornerstone initiated foreclosure proceedings on the property

over two years later. Only then did Capital Bank realize that Cornerstone had not released its lien. Shkor then filed for bankruptcy. Before the bankruptcy court, Capital Bank sought a

declaration that its lien securing the refinanced loan is superior to Cornerstone’s lien. The

bankruptcy court found in Capital Bank’s favor under the equitable doctrine of replacement of

mortgages. It thus declared that Capital Bank holds the first priority lien on Shkor’s property in

the principal amount owed on the refinanced loan plus interest. Cornerstone’s lien would occupy

second position.

Cornerstone now appeals. It argues that the bankruptcy court erred because (1) District of

Columbia law does not recognize the doctrine of replacement of mortgages, and (2) it incorrectly

applied the doctrine to the undisputed facts. For the reasons that follow, the court disagrees and

affirms.

II. BACKGROUND

A. Facts

In April 2017, Shkor purchased the property located at 1738 R Street, N.W., Washington,

D.C. 20009 (the “Property”) and entered into an agreement with Capital Bank to borrow

$4,050,000, secured by a first-position deed of trust on the Property recorded on May 1, 2017.

Bankr. Ct. Mem. Decision, ECF No. 3-10 [hereinafter Mem. Decision], at 1–2. The next month,

Shkor borrowed $1,262,500 from Cornerstone, secured by a second-position deed of trust on the

Property recorded on June 23, 2017. Id. at 2–3.

In early 2018, Shkor sought to refinance his loan with Capital Bank. Id. at 3–4. Capital

Bank retained Standard Title Group, LLC (“Standard Title”) as the settlement agent. Id. at 4.

Standard Title, in turn, solicited an ALTA Commitment for Title Insurance from Old Republic

National Title Insurance Company. Id. The title commitment required that Cornerstone’s lien on

2 the Property be satisfied and/or released before completing the transaction. Id. Standard Title was

responsible for ensuring this condition was met. Id. at 5.

Standard Title did not fulfill its obligation. Standard Title’s agent, Kevin Anderson, never

received written confirmation that Cornerstone released its lien. Id. at 5–6. Anderson claimed that

one of Cornerstone’s co-managers, Mark Schuman, orally committed to doing so in passing during

a conversation, which Schuman denied. Id. at 6; Trial Tr. 2/7/23, Bankr. R. 89 [hereinafter Trial

Tr.], at 60–62. The bankruptcy court credited Schuman’s testimony over Anderson’s. Mem.

Decision at 10.

Shkor also emailed Schuman about the refinancing. He wrote to “request that [he] be

allowed to complete [the] Capital [Bank] refi, 100% proceeds going to pay down the line, and pay

the delta off from sales.” Id. at 6 (second and third alterations in original). Shkor assured Schuman

that Cornerstone would “still [be] significantly secured, and the line will be reduced by 400k so I

think you would be confident in the position.” Id. Cornerstone never accepted the offer. Id. at 7.

Nonetheless, Standard Title permitted the refinancing to move forward without notifying

Capital Bank that Cornerstone had not released its lien. Id. Capital Bank did not attempt to

independently verify the release, either. Id. at 5. Capital Bank thus believed it retained first

position based on both the title commitment and the title insurance policy it received after closing,

which did not except Cornerstone’s lien from coverage. Id. at 4–5.1

After refinancing, Shkor’s loan with Capital Bank was converted to a $2,000,000 home

equity line of credit. Id. at 3. That loan was secured by a deed of trust on the Property recorded

1 The bankruptcy court found that “all the relevant written evidence, except for the Closing Letter” Capital Bank sent to Standard Title “supports the conclusion that Capital Bank intended to be in first position after the 2018 Capital Bank Refinance.” Mem. Decision at 5. The closing letter had directed Standard Title to “‘assure [Capital Bank] of a second priority lien’ on the Property” before completing the transaction. Id. (alteration in original) (emphasis added). Based on the testimony and evidence before it, the bankruptcy court concluded that the reference to second position in the closing letter was a scrivener’s error, and that Capital Bank always intended to retain first position. Id. Cornerstone does not challenge this finding on appeal.

3 on April 24, 2018. Id. The new loan paid off the outstanding balance of the initial Capital Bank

loan, resulting in the release of the original lien on the Property. Id. The transaction also generated

an additional $394,948.58 in net proceeds, which Shkor assigned to Cornerstone, reducing the

outstanding balance of that loan to $408,884.89. Id. The corresponding lien, however, remained

on the Property. Id. at 3, 5. Having predated the lien securing the refinanced loan, District of

Columbia land records showed Cornerstone’s lien now with first priority. Id. at 4.

Relying on this new position, Cornerstone made additional loans to Shkor. Id. at 8–9. The

new loans, which totaled $1,756,000, increased the total balance Shkor owed Cornerstone to

$2,193,882.88. Id. at 8. In December 2020, Cornerstone initiated foreclosure proceedings on the

Property to satisfy the outstanding debt. Id. at 9.

B. Procedural History

The foreclosure proceedings made Capital Bank aware that Cornerstone still retained its

lien on the property. Id. Capital Bank quickly filed a complaint and motion for temporary

restraining order in the D.C. Superior Court to prevent foreclosure. Id. The case was removed to

the United States Bankruptcy Court for the District of Columbia when Shkor filed for bankruptcy.

Id. Once the case was removed, Capital Bank withdrew its motion for temporary restraining order

and filed an amended complaint seeking declaratory judgment on the relative priority of the

parties’ liens on the Property. Id. at 9, 11.

The parties filed cross-motions for summary judgment. Id. at 11. The bankruptcy court

largely denied both motions. Id. It did, however, rule in favor of Capital Bank on a discrete legal

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In Re: Matthew Edward Shkor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-matthew-edward-shkor-dcd-2025.