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Greenbriar v. Brooks
State: Maryland
Court: Court of Appeals
Docket No: 126/04
Case Date: 06/22/2005
Preview:Greenbriar Condominium, Phase I Council of Unit Owners, Inc. v. Clifford A. Brooks No. 126, September Term, 2004 Headnote: Debtor's attempt to tender what the debtor believed was the correct amount of liens, which was rejected by the creditor who had filed liens for nonpayment of condominium assessments, along with creditor's proffer of a statement of indebtedness in excess of the recorded lien figure, did not preclude debtor from filing to enjoin the foreclosure sale according to Maryland Rule 14-209 (b). When a request for a pre-sale injunction was not filed prior to the sale, the matter was not grounds for the Circuit Court to sustain debtor's exceptions to the ratification of the sale based solely upon a dispute as to the amount due, when there was no dispute that debtor had defaulted numerous times in the payment of installments of his condominium assessment, and some sum was due. The Circuit Court's set aside of the foreclosure sale was erroneous. The resolution of amounts due is generally addressed at the post-ratification audit stage. The Maryland Condominium Act, Md. Code (1974, 2003 Repl. Vol.),
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