Simard v. White

CATHELL, Judge.

This case arises out of conflicting claims to the excess funds 1 resulting from a resale after a purchaser defaulted in a prior foreclosure proceeding in respect to property located in Prince George’s County. 2 David J. Simard, petitioner, the original and subsequent purchaser, challenges a Court of Special Appeals’ decision allowing the contractual waiver of petitioner’s alleged common-law entitlement to the excess of proceeds from a property’s resale. Elizabeth A. White, Nancy P. Regelin and Patrick M. Martyn (hereinafter, the “Trustees”), together with Washington Mutual…