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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 00713 September Term, 2009

LUNIQUE ESTIME v. FAIRFAX F. KING, ET AL.

Woodward, Matricciani, Moylan, Charles E., Jr. (Retired, Specially Assigned), JJ.

Opinion by Matricciani, J.

Filed: December 2, 2010

Appellant Lunique Estime appeals from the denial of a motion for reconsideration of the dismissal of appellant's complaint to foreclose right of redemption in the Circuit Court for Baltimore City. Appellant presents two issues for our consideration, which we have consolidated into one issue with two sub-issues, and rephrased as follows:1 Whether the circuit court abused its discretion in denying appellant's motion to reinstate his complaint to foreclose the right of redemption, because: A. Appellant's notification of his new address was proper and timely; and B. The circuit court clerk's failure to send a copy of the court's order to appellant's new address constituted an irregularity of process or procedure under Md. Rule 2-535(b). For the reasons set forth below, we answer in the affirmative, and we shall reverse and remand for further proceedings.

FACTS
1

Appellant's original questions presented were as follows: A. Did the circuit court abuse its discretion in finding that appellant's notification of his change of address was insufficient and untimely? B. Did the clerk's failure to send a copy of the circuit court's order to appellant at his new address constitute an irregularity of process or procedure under Maryland Rule 2-535(b)?

Because the timeliness and/or sufficiency of appellant's change of address notice and whether the clerk's actions constituted an irregularity of process are both considerations in determining whether the circuit court abused its discretion in denying appellant's motion to reinstate his complaint, we have combined them into one question.

On May 14, 2007, the City of Baltimore assumed control of Tax Sale Certificate No. 208703 for the property located at 2344 McCulloh Street, Baltimore, Maryland 21217 ("2344 McCulloh Street") at a tax sale for delinquent liens.2 At the time of the sale, title to the property belonged to appellees Fairfax F. King and Daisy B. King. On April 1, 2008, appellee Mayor and City Council of Baltimore assigned its interest in the certificate to Lunique Estime, appellant. On May 23, 2008, appellant filed a complaint to foreclose all rights of redemption in the property, pursuant to Md. Code Ann. (1985, 2007 repl. vol.),

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Maryland Law