Select Portfolio Servicing, Inc. v. Saddlebrook West Utility Co.

In this appeal, we hold that a Declaration recorded by the developer of a subdivision created a lien that secured payment of water and sewer charges; the lien could be enforced under the terms of the Declaration, without resort to the Maryland Contract Lien Act; and the lien has priority over a later recorded refinance deed of trust (“DOT”) against the property. Select Portfolio Servicing, Inc. (“SPS”), the appellant, is the holder of the DOT. Saddlebrook West, LLC (“Saddle-brook”), and Saddlebrook West Utility Company, LLC (“Utility”), the appellees, are the developer and its wholly owned…