Nickens v. Mount Vernon Realty Group, LLC
429 Md. 53
| Md. | 2012Background
- Nickens resided in the Baltimore property (3022 Kentucky Ave) with his parents, mortgagors, during a foreclosure action initiated January 11, 2008.
- Foreclosure sale occurred and was ratified January 30, 2009; Deutsche Bank National Trust Company purchased and received a judgment of possession May 14, 2009.
- Respondents, as agents of the forecloser, later entered the home, changed the locks, and disposed of Nickens’s belongings after he left on September 6, 2009.
- Nickens alleged ten claims including forcible entry and conversion; the circuit court dismissed claims; the Court of Special Appeals affirmed dismissal of forcible entry but not conversion.
- This Court held peaceable self-help to repossess property may be used by possessors, and that the 8B-2 statute did not clearly abrogate common law self-help; remand was required on the conversion claim to address disposition of personal property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is peaceable self-help lawful for foreclosure repossession? | Nickens contends the lock-out was unlawful forcible entry. | Respondents rely on the common law right to peaceable self-help. | Yes; self-help peaceful repossession is lawful. |
| Does the record support dismissal of Nickens’s conversion claim and/or require discovery on disposition of personal property? | Nickens alleged conversion by disposal of his personalty during self-help. | Disposal was proper and no abandonment shown; record supports dismissal. | Conversion claim reversed in part; remand for discovery on disposition of personal property. |
Key Cases Cited
- Manning v. Brown, 47 Md. 506 (Md. 1878) (recognizes self-help with reasonable force to regain possession)
- K & K Management, Inc. v. Lee, 316 Md. 137 (Md. 1989) (peaceable self-help extends to commercial repossession)
- Laney v. State, 379 Md. 522 (Md. 2004) (lock-out as peaceable self-help; notices optional)
- Empire Properties, LLC v. Hardy, 386 Md. 628 (Md. 2005) (supports self-help and statutory procedures; coexistence with common law)
- Eubanks v. First Mt. Vernon Indus. Loan Ass’n, 125 Md.App. 642 (Md. Ct. App. 1999) (distinguishes forcible entry from forcible detainer)
- Moxley v. Acker, 294 Md. 47 (Md. 1982) (forcible detainer refers to civil remedy; separate from forcible entry)
- Darcars Motors of Silver Spring, Inc. v. Borzym, 379 Md. 249 (Md. 2004) (definition of conversion and ownership elements)
- Moxley v. Acker, 294 Md. 47 (Md. 1982) (distinguishes forcible entry from forcible detainer)