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C. Phillip Johnson Full Gospel Ministries, Inc. v. Investors Financial Services, LLC

Court of Appeals of Maryland

12 A.3d 1207 (2011)

Relevant factsFree

Investors Financial Services (defendant) loaned money to Ministries (plaintiff) and, as security, required Ministries to sign both a deed of trust and a deed in lieu of foreclosure providing that title would pass to Investors upon default; after Ministries defaulted, Investors simply recorded the deed in lieu of foreclosure without conducting any foreclosure sale. Ministries sued for breach of contract, arguing Investors was obligated to hold a foreclosure sale, and the trial court dismissed the case.

IssueFree

Whether a deed in lieu of foreclosure, signed as security for a loan, is a mortgage that does not convey absolute title.

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