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Maryland Bankruptcy Court Determines Priority of Homeowner Association Fees versus Mortgage Lender’s Deed of Trust

/ Owner - May 10, 2019

In 2017, the Maryland Court of Appeals in the case of Select Portfolio Servicing, Inc. v. Saddlebrook West Utility Company, 455 Md. 313 (2017) (“Saddlebrook”) held that a provision in a recorded declaration by a utility that purported to create a lien to secure payment of an annual assessment to cover the construction of water and sewer facilities was ineffective to create a lien because the utility company failed to comply with the Maryland Contract Lien Act (“MCLA”).    Read the article………………………

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