Legal Opinion

Wellington Co. v. Shakiba

Court of Special Appeals of Maryland

Decided July 2, 2008No. 521 September Term, 2007PublishedCited by 10 opinions

1Opinion of the CourtHollander, J.

In this appeal, we must determine whether a contract action to recover a debt may be brought on a deed of trust, executed under seal, that contains a covenant to pay, even though the underlying obligation is also evidenced by a promissory note, for which limitations has arguably expired.

On October 12, 2005, the Wellington Company, Inc. Profit Sharing Plan and Trust (“Wellington,” the “Trust,” or the “Lender”), appellant, filed a Complaint in the Circuit Court for Anne Arundel County against Hosein M. Shakiba and Roya M. Shakiba (“Borrowers”), appellees. 1 Wellington alleged that it had loaned…

2Cases cited40 opinions

  1. Bausch & Lomb Inc. v. Utica Mutual InsuranceCourt of Appeals of Maryland · 1993
  2. Hill v. Cross Country Settlement, LLCCourt of Appeals of Maryland · 2007
  3. Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
  4. Wells v. Chevy Chase Bank, F.S.B.Court of Appeals of Maryland · 2001
  5. Auction & Estate Representatives, Inc. v. AshtonCourt of Appeals of Maryland · 1999

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3Cited by10 opinions

  1. Daughtry v. NadelCourt of Special Appeals of Maryland · 2020
  2. Jason v. National Loan Recoveries, LLCCourt of Special Appeals of Maryland · 2016
  3. Columbia Ass'n v. PoteetCourt of Special Appeals of Maryland · 2011
  4. Devan v. BomarCourt of Special Appeals of Maryland · 2015
  5. Montgomery County v. Maryland Economic Development Corp.Court of Special Appeals of Maryland · 2012

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