ROCKVILLE v. WALKER

No. 906, September Term, 1990.

86 Md. App. 691 (1991)

587 A.2d 1179

MAYOR AND COUNCIL OF ROCKVILLE v. THOMAS J. WALKER, JR., SUBSTITUTED TRUSTEE.

Court of Special Appeals of Maryland.

April 3, 1991.


Attorney(s) appearing for the Case

Paul T. Glasgow City Atty. (Venable, Baetjer & Howard, on the brief), Rockville, for appellant.

Thomas J. Walker, Jr. (Glenn A. Wasik, on the brief), Rockville, for appellee.

Argued before BISHOP, ALPERT and DAVIS, JJ.


ALPERT, Judge.

A lender took a mortgage on property that the mortgagor owned in fee simple, but subject to a condition subsequent with a power of termination (right of reentry) by the mortgagor's grantor. The issue before us is whether that mortgage can be foreclosed after the grantor has reentered and taken possession of the property due to the mortgagor's failure to satisfy the condition subsequent.

Facts and Proceedings

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