Mcnair Financial Case Summary

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This appeal arises from an order declining to ratify an auditor’s account following a foreclosure sale, and the denial of a motion filed by appellants, Laura H.G. O’Sullivan, et al. (The “Substitute Trustees”) to reconsider. Appellee, Jacquelyn L. McNair (“McNair”) has not responded to the Substitute Trustees’ appeal. On appeal, the Substitute Trustees presents one issue for our review. We rephrase the Substitute Trustees’ question as follows: Whether the circuit court erred refusing to ratify the foreclosure sale when it found that the attorney’s fees sought by the Substitute Trustees to be unreasonable. For the reasons set forth below, we shall affirm the judgment of the Circuit Court for Baltimore County.
FACTUAL AND PROCEDURAL BACKGROUND On May 22, 2006, McNair purchased real property located at 2000 Wintergreen Place, Posedale, Maryland 21237 (“the property”). McNair purchased the property in exchange for a note for $195,455.00 which was secured by a deed of trust on the property. …show more content…

. .” Subsequently, McNair fell into default and a foreclosure sale was held on June 21, 2013. The property was sold for $192.808.33, and McNair was credited an additional $66.24 for property taxes paid on the property. At the time of the foreclosure sale, McNair’s outstanding obligation on the note was $192,609.80. Pursuant to paragraph 18 of the deed of trust, the auditor’s account awarded a trustees’ commission in the amount of $9,640.42, and attorneys’ fees in the amount of