Friday, September 12, 2008

Maryland Lawmaker Violates State Foreclosure Rescue Law, Says Judge

In Maryland, The Annapolis Capital reports:
  • A judge last week ruled Del. Tony McConkey violated state law in 2006 when he bought the home of a Pasadena woman facing foreclosure. Circuit Court Judge D. William Simpson, a retired judge from Wicomico County who was assigned to this case to avoid any conflict of interests, said the Severna Park Republican was acting as a foreclosure consultant to 44-year-old Teresa Milligan and was therefore not allowed to buy her house.

  • "The whole purpose of (the Protection of Homeowners in Foreclosure Act) is to make such actions unlawful," Judge Simpson said Friday in the county courthouse on Church Circle. "I find his obtaining the title was illegal and against public policy."

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  • Judge Simpson declared Mr. McConkey's deed to the house null and void, but left open the question of how much Ms. Milligan should be paid in damages. A jury trial is scheduled to begin Nov. 18, 2008. That jury will rule on additional allegations of fraud and misrepresentation and determine final damages.

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  • Mr. McConkey, who was elected to the House of Delegates in 2002 and is a member of the Judiciary Committee, settled a similar lawsuit in January 2006.

For more, see Judge says McConkey violated state law (Jury to determine damages in suit against delegate).