WELLINGTON v. SHAKIBA

No. 521 September Term, 2007.

952 A.2d 328 (2008)

180 Md. App. 576

The WELLINGTON COMPANY, INC. PROFIT SHARING PLAN AND TRUST v. Hosein M. SHAKIBA, et al.

Court of Special Appeals of Maryland.

July 2, 2008.


Attorney(s) appearing for the Case

Richard S. Basile (Law Office of Robert E. Ammons, PA on the brief), of Greenbelt, for appellant.

Brian S. Jablon (Adelberg, Rudow, Dorf & Hendler, LLC on the brief), Ellicott City, for appellee.

Argued before HOLLANDER, WOODWARD and James A., Kenney, III (retired, specially assigned), JJ.


HOLLANDER, J.

In this appeal, we must determine whether a contract action to recover a debt may be brought on a deed of trust, executed under seal, that contains a covenant to pay, even though the underlying obligation is also evidenced by a promissory note, for which limitations has arguably expired.

On October 12, 2005, the Wellington Company, Inc. Profit Sharing Plan and Trust ("Wellington," the "Trust," or the "Lender"), appellant, filed a Complaint in...

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