The Maryland Court of Appeals recently answered the following question in Ameriquest Mortgage v. Paramount Mortgage Services:
In light of Maryland’s statutory requirement that a challenge to a recorded deed of trust based on an allegedly improper affidavit of consideration and disbursement must be brought within six months of recordation, may a lienholder challenge an earlier-recorded deed of trust on the basis of an allegedly defective affidavit of consideration and disbursement, if such challenge is not filed until 18 months after recordation?
I would provide an analysis of the answer but I don’t even understand the question. Of course, there are a lot of personal injury related questions the court addresses that Maryland property lawyers could not begin to understand. The amazing thing to me is the appellate courts have to be able to get their minds fully around both areas of law and many, many more. Judges are basically general practice lawyers. There are not too many general practice lawyers out there anymore because there is just too much to know. Which underscores how hard it is to be a judge.