Md.,2013.
Deutsche Bank Nat. Trust Co. v. Brock
— A.3d —-, 2013 WL 1164508 (Md.)
No. 55, Sept. Term 2012.
March 22, 2013.
Background: Borrower brought action against trustee of trust containing securitized deed of trust, against servicing
agent for deed of trust, and against entities that had been appointed to bring foreclosure proceedings, seeking declar-
Reversed and remanded with instructions.
West Headnotes
Mortgages 266 235
266 Mortgages
266V Assignment of Mortgage or Debt
266k234 Transfer of Debt or Obligation Secured
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
266k339 Persons Entitled to Execute Power
266k341 k. Under Trust Deed. Most Cited Cases
Servicing agent, the possessor of promissory note indorsed in blank, was the holder of the note entitled to en-
force the note, including by foreclosing deed of trust securing note, regardless of whether questions existed as to
266 Mortgages
266V Assignment of Mortgage or Debt
266k234 Transfer of Debt or Obligation Secured
266k235 k. In General. Most Cited Cases
A deed of trust securing a negotiable promissory note cannot be transferred like a mortgage; rather, the corre-
sponding note may be transferred, and carries with it the security provided by the deed of trust, and thus, once the
note is transferred, the right to enforce the deed of trust follows.
Gary C. Tepper, (Ballard Spahr LLP, Washingotn, D.C.; Robert A. Scott of Ballard Spahr LLP, Baltimore, MD), on
HARRELL, J.
This case arises out of a challenge by a borrower, Respondent Angela Brock (“Brock”), to the authority of vari-
ous individuals and entities to effectuate a valid foreclosure on her residential property. After a foreclosure sale was
scheduled in Montgomery County by the substitute foreclosure trustees, Edward S. Cohn, Stephen N. Goldberg,
Richard E. Solomon, and Richard J. Rogers (referred to collectively as the “Substitute Trustees”), but before the sale
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
266k339 Persons Entitled to Execute Power
266k341 k. Under Trust Deed. Most Cited Cases
Servicing agent, the possessor of promissory note indorsed in blank, was the holder of the note entitled to en-
force the note, including by foreclosing deed of trust securing note, regardless of whether questions existed as to
266 Mortgages
266V Assignment of Mortgage or Debt
266k234 Transfer of Debt or Obligation Secured
266k235 k. In General. Most Cited Cases
A deed of trust securing a negotiable promissory note cannot be transferred like a mortgage; rather, the corre-
sponding note may be transferred, and carries with it the security provided by the deed of trust, and thus, once the
note is transferred, the right to enforce the deed of trust follows.
Gary C. Tepper, (Ballard Spahr LLP, Washingotn, D.C.; Robert A. Scott of Ballard Spahr LLP, Baltimore, MD), on
HARRELL, J.
This case arises out of a challenge by a borrower, Respondent Angela Brock (“Brock”), to the authority of vari-
ous individuals and entities to effectuate a valid foreclosure on her residential property. After a foreclosure sale was
scheduled in Montgomery County by the substitute foreclosure trustees, Edward S. Cohn, Stephen N. Goldberg,
Richard E. Solomon, and Richard J. Rogers (referred to collectively as the “Substitute Trustees”), but before the sale