NICKENS v. MT. VERNON REALTY

No. 7, September Term, 2012.

54 A.3d 742 (2012)

429 Md. 53

Demetrius NICKENS v. MOUNT VERNON REALTY GROUP, LLC, et al.

Court of Appeals of Maryland.

October 19, 2012.


Attorney(s) appearing for the Case

Thomas Davis , Murnaghan Appellate Advocacy Fellow ( C. Matthew Hill , Public Justice Center, Baltimore, MD; Kim Parker of Law Office of Kim Parker, P.A., Baltimore, MD), on brief, for petitioner.

Michele Zahner Blumenfeld ( Robert L. Ferguson, Jr. of Ferguson, Schetelich & Ballew, P.A., Baltimore, MD), on brief for respondents.

Russell J. Pope (Treanor, Pope & Hughes, P.A., Towson, MD), on brief, for respondents.

Heather L. Gomes, Esq. , Hong Park, Esq. , Legal Aid Bureau, Inc., Riverdale, MD, for amici curiae brief of Legal Aid Bureau, Inc., Civil Justice, Inc., St. Ambrose Housing Aid Center, Inc. and National Law Center on Homelessness & Poverty in support of petitioner.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA, and McDONALD, JJ.


HARRELL, J.

I. FACTS AND PROCEDURAL HISTORY

We consider in this case primarily whether Respondents1 committed an impermissible forcible entry when they enforced (through lock-out) the foreclosure purchaser's lawful possessory interest in a dwelling located at 3022 Kentucky Avenue in Baltimore by the means of the common law remedy of self-help,2 as opposed to receiving first the issuance of a statutory...

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