2310/25•Gibson, Ismail Abdul Luke v. Savage
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Circuit Court for Charles County Case No. C-08-CV-25-000453 *This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis nor may it be cited as persuasive authority. UNREPORTED IN THE APPELLATE COURT OF MARYLAND No. 2310 September Term, 2025 ______________________________________ ISMAIL ABDUL LUKE GIBSON v. WILLIAM M. SAVAGE, et al. ______________________________________ Graeff, Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 16, 2026
‒Unreported Opinion‒ On December 2, 2025, the Circuit Court for Charles County entered an order ratifying the foreclosure sale of real property owned by Ismail Abdul Luke Gibson, appellant. Appellant now appeals, raising five issues, which reduce to one: whether the court abused its discretion in denying his motion to stay the foreclosure sale. For the reasons that follow, we shall affirm. In May 2025, appellees, the substitute trustees, 1 filed an Order to Docket foreclosure seeking to foreclose on real property owned by appellant. The final loss mitigation affidavit was filed on July 8, 2025, and appellant did not request foreclosure mediation. On September 29, 2025, one day before the foreclosure sale was set to take place, appellant filed an “Emergency Motion for Ex Parte Temporary Restraining Order.” In that motion, he stated that he was seeking injunctive relief because appellees had violated various provisions of the Consumer Protection Act, Section 7-105 of the Maryland Real Property Article and 18 U.S.C. § 152(4). He did not, however, specify how those statutes were violated. He also generally asserted that appellees had “falsified foreclosure affidavits, falsified loss mitigation documents and [failed] to abide by 12 CFR 1024.41” because he had “completed and submitted a complete loan modification application” and the servicer had stated that the “sale was on hold pending review of the modification application.” The motion was not made under oath and did not include any supporting exhibits. The property was sold at auction the following day to Nationstar Mortgage, LLC for $333,679.00. On October 22, 2025, the court denied appellant’s motion as moot. 1 Appellees are William M. Savage, Gregory N. Britto, and Angela M. Tonello.
‒Unreported Opinion‒ 2 On appeal, appellant contends that the court erred in denying his motion to stay without holding a hearing to resolve his claims that: (1) he had filed a Mortgage Assistance Application on August 28, 2025, and (2) he had been informed by the lender that “foreclosure activity had been placed on hold pending completion of loss mitigation review.” He further claims that this deprived him of his due process rights and resulted in “substantial unfairness and procedural irregularity sufficient to warrant vacatur” of the ratification order. We disagree. A motion to stay or dismiss a foreclosure action under Maryland Rule 14-211 must be filed no later than 15 days after the date the final loss mitigation affidavit is filed with the court. Md. Rule 14-211(a)(2)(A)(i). The plain language of that rule requires the circuit court to deny the motion if the motion was not timely filed, and the movant did not show good cause for excusing non-compliance. Md. Rule 14-211(b). The court is also required to deny the motion if it does not “state with particularity the factual and legal basis” of any defense the moving party has to the “validity of the lien or the lien instrument or the right of the plaintiff to foreclose[.]” Md. Rule 14-211(a)(3)(B). Here, appellant’s motion to stay was filed more than 15 days after the final loss mitigation affidavit was filed in the circuit court. And in that motion, appellant did not set forth any cause, much less “good cause,” for why the motion had not been timely filed.2 2 Even assuming that submitting a loss mitigation application could constitute good cause for extending the time to file a motion to stay pursuant to Rule 14-211, appellant’s motion did not indicate when he had submitted this new loss mitigation application. And even if it was completed on August 28, 2025, as he now claims on appeal, he did not explain why he waited 31 days after he submitted the application to file the motion to stay.
‒Unreported Opinion‒ 3 Moreover, none of the claims raised in appellant’s motion were set forth with particularity. Rather, the motion only raised conclusory allegations of various statutory violations by appellees. And appellant’s claim that he had submitted a loan modification application was neither made “under oath or supported by affidavit[,]” nor “accompanied by any supporting documents” as required by Md. Rule 14-211(a)(3)(A)-(C). Thus, even if we assume that the motion was not moot, the court was still required to deny it as it did not comply with Maryland Rule 14-211. Consequently, we shall affirm the judgment of the circuit court. JUDGMENT OF THE CIRCUIT COURT FOR CHARLES COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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