George Etame v. Pricilla Nguh

Upper Marlboro, Maryland real property lawyers represented the parties in a partition action.

n September 2020, George Etame, Appellant, and Priscilia Nguh, Appellee, purchased a parcel of real property located in Bowie, Prince George's County. One year later, Ms. Nguh petitioned the Circuit Court for Prince George's County for partition of the property or, alternatively, for a sale in lieu of partition. Following a hearing, the court ordered a sale and appointed a trustee. The trustee sold the property and filed a report of sale, which the circuit court approved.



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In this case, the sale of the property occurred on June 7, 2023, and the court accepted the Trustee's report of sale on July 21, 2023. Mr. Etame took no steps to file a supersedeas bond or otherwise stay enforcement of the judgment. As a result, the sale was consummated, and the proceeds of the sale were distributed.



The sale cannot now be reversed unless there was "manifest unfairness in the sale" or evidence of collusion. Onderdonk, 21 Md.App. at 621. Here, the circuit court overruled Mr. Etame's exceptions to the sale alleging unfairness and collusion on the part of the Trustee. The court found that the offer of an unrepresented party to purchase the property for $1,105,000 was acceptable, as that amount was equivalent to the appraised value ($1,175,000), minus the 6% real estate commission ($70,500). The fact that the purchaser was Ms. Nguh's brother-in-law did not, without more, demonstrate collusion. Based on the evidence in the record, the sale price accepted by the court was fair and reasonable, and there was no evidence showing collusion on the part of the Trustee and the purchaser.



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CIVIL PROCEDURE. DISCOVERY SANCTIONS. The case addresses whether the circuit court abused its discretion by imposing discovery sanctions that prohibited the appellant from presenting evidence and dismissed his counterclaims due to his non-compliance with discovery orders.



PROPERTY LAW. PARTITION AND SALE IN LIEU OF PARTITION. The court examined whether it was appropriate to order the sale of jointly-owned property and whether the process for distribution of the sale proceeds violated the appellant's due process rights, especially considering allegations of collusion and bias in the sale conducted by the appointed trustee.



APPELLATE PROCEDURE. MOOTNESS OF APPEAL. The court considered whether the appellant's failure to secure a bond to stay enforcement of the judgment rendered his appeal moot after the property was sold to a bona fide purchaser.



Key Phrases Partition of property. Discovery sanctions. Fiduciary duty breach. Bona fide purchaser. Supersedeas bond.

Affirmed