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Zeller v. Silverman

2 Citing cases

  1. Empire v. Hardy

    386 Md. 628 (Md. 2005)   Cited 38 times
    In Empire Properties v. Hardy, 386 Md. 628, 650, 873 A.2d 1187 (2005), we reiterated this progression of the mortgagee's interest in deciding when a purchaser in a mortgage foreclosure sale acquires a legal right to possess property, as opposed to a right to request possession of property.

    Merryman was not a mortgage foreclosure sale, but a judicial sale arising out of the estate of Captain William B.S. Powell, one of the early pioneers and founders of Ocean City, Maryland. In Zeller v. Silverman, 143 Md. 339, 122 A. 255 (1923), we once again contemplated when a foreclosure sale purchaser can be said to have a right to seek possession of the property, specifically where an assignee of the tenant of the mortgagors continued to remain on the property at issue in that case. In explaining the law relating to what was then a writ of possession, otherwise known as a "writ of habere facias possessionem," we explained:

  2. Laney v. State

    379 Md. 522 (Md. 2004)   Cited 61 times
    Holding that trespassers have no expectation of privacy in unlawfully occupied premises

    When a mortgagor loses the right to possess foreclosed property but fails to vacate the premises, the purchaser of that property, in lieu of actually taking possession, may seek a court order to remove the holdover mortgagor. Zeller v. Silverman, 143 Md. 339, 343, 122 A. 255, 256 (1923); Applegarth v. Russell, 25 Md. 317, 319-20 (1866). We embraced this concept in Applegarth: