Jones v. Ward

Jones v. Ward, No. 1071, September Term, 2020. Opinion by Ripken, J. MORTGAGES AND DEEDS OF TRUST – FORECLOSURE – PERSONS ENTITLED TO FORECLOSE Persons not in possession of an instrument may nonetheless establish their entitlement to enforce the instrument pursuant to Maryland Commercial Law Article (“CL”) § 3-309 if they establish that they were in possession of instrument when loss occurred, loss of possession was not result of transfer or unlawful seizure, possession of the instrument could not reasonably be obtained, and the terms of instrument and the person’s right to enforce the…