Cicada Investments, LLC v. Harbour Portfolio VII LP, et al., Case No. 2001, Sept. Term, 

2022. Opinion filed on March 27, 2024, by Berger, J. 

TAX SALE - MOTION TO VACATE JUDGMENT IN TAX SALE FORECLOSURE 

PROCEEDING - REOPENING TAX SALE PROCEEDING

Pursuant to Md. Code (1986, 2019 Repl. Vol.), § 14-845(a) of the Tax - Property Article

(“TP”), a judgment in a tax sale foreclosure proceeding may be reopened under certain 

circumstances. Specifically, a judgment may not be reopened except on the ground of lack 

of jurisdiction or fraud, and no reopening of any judgment on the ground of constructive 

fraud in the conduct of the proceedings to foreclose shall be entertained by any court unless 

an application to reopen a judgment rendered is filed within one year from the date of the 

judgment. Because a motion to vacate was filed within one year of the judgment, the circuit 

court was permitted to reopen the judgment and consider both the jurisdictional and 

constructive fraud arguments raised by appellee Baltimore City.

NULL AND VOID TAX SALE WHEN NO TAXES OVERDUE - JURISDICTION TO 

SELL PROPERTY FOR TAX DEBT UNDER $750 IN BALTIMORE CITY 

A tax sale is null and void when there are no taxes overdue, and a circuit court has no 

jurisdiction to entertain a foreclosure action based upon such a void tax sale. Pursuant to 

TP § 14-811(b)(2), in Baltimore City, owner-occupied residential property may not be sold 

at a tax sale when total taxes on the property amount to less than $750, and TP § 14-834 

does not confer jurisdiction to sell a property for a tax debt under $750 in Baltimore City. 

CONSTRUCTIVE FRAUD 

The sum total of the actions taken by Baltimore City as well as the investor who purchased 

the tax sale certificate at Baltimore City’s tax sale were more than enough to constitute 

constructive fraud under Maryland law. The evidence established that the City failed to 

cash a homeowner’s check promptly and credit his account correctly and failed to promptly 

file a motion to void the sale. The investor explicitly advised the homeowner’s attorney 

that the tax sale would be voided via an email to the homeowner’s attorney but instead 

moved to amend its complaint, affirmatively misrepresenting the amount the homeowner

owed in order to match the amount to the tax sale certificate that listed the incorrect amount 

of tax owed. Whether the investor was intentionally misleading the court or whether the 

investor’s actions were inadvertent mistakes was of no moment for the constructive fraud 

analysis. 
Circuit Court for Baltimore City 

Case No. 24-C-21-004890 

REPORTED 

IN THE APPELLATE COURT

OF MARYLAND 

 

No. 2001 

September Term, 2022 

______________________________________ 

CICADA INVESTMENTS, LLC 

v. 

HARBOUR PORTFOLIO VII LP, ET AL. 

______________________________________ 

 Berger, 

Leahy, 

Getty, Joseph M. 

 (Senior Judge, Specially Assigned), 

 

JJ. 

______________________________________ 

Opinion by Berger, J. 

______________________________________ 

 

 Filed: March 27, 2024 
This case is before us on appeal from an order of the Circuit Court for Baltimore 

City vacating its prior order foreclosing the right of redemption on a property and declaring 

a tax sale certificate void. Appellee Baltimore City (the “City”) had moved to vacate the 

judgment after determining that the City had erroneously sold a tax sale certificate for a 

property for which no taxes were actually owed. Appellant Cicada Investments, LLC 

(“Cicada”), opposed the City’s motion, arguing that the order foreclosing the right of 

redemption had been issued correctly and that the court was not permitted to reopen the

tax sale proceeding. On appeal, Cicada presents two issues for our consideration, which 

we have consolidated and rephrased as follows:

Whether the circuit court erred by vacating its prior judgment 

in the tax sale proceeding at issue.

For the reasons explained herein, we shall affirm.

FACTS AND PROCEEDINGS

In 2020, Frederick Williams, an unsophisticated first-time homebuyer of limited 

means, purchased a home at 2426 Reisterstown Road in Baltimore City (the “Property”) 

via an unrecorded quitclaim deed. He moved into the home after purchasing it and has 

resided there since.1

1 The legal title owner of the Property is Harbour Portfolio VII, LP (“Harbour”). 

Harbour is not a real party in interest to this appeal and, furthermore, has forfeited its good 

standing as a business in Maryland. In 2018, Harbour attempted to sell the Property via an 

unrecorded quitclaim deed to LAR Capital, LLC, which, in turn, attempted to transfer its 

legal interest in the Property to Axe Real Estate, LLC, also via an unrecorded quitclaim 

deed. Williams purchased the Property from Axe Real Estate via another unrecorded 

quitclaim deed.
2

On April 22, 2021, Williams paid the City $13,478.67 via check. The check was 

dated April 21, 2021, postmarked April 22, 2021, but not cashed by the City until May 17, 

2021. The delays in cashing and recording the check were apparently due to 

pandemic-related understaffing issues. The City’s receipts indicate that of the total amount 

paid by Williams, $9,203.04 was attributed to prior years’ taxes and the remaining 

$4,275.63 was recorded as a credit to the current year’s property taxes.2

 Due to the delay 

in cashing Williams’s check, the Property was erroneously not removed from the list of 

properties to be auctioned at the City’s 2021 tax sale.

On May 17, 2021 -- the same day the City cashed Williams’s check -- the Property 

was offered for sale at the City’s annual tax sale for a stated tax debt of $9,998.53. Caret 

Bay, LLC was the successful bidder for the Property at the May 17, 2021 tax sale with a 

bid of $11,300.00. On the same day, the City issued a tax sale certificate that provided that 

$9,998.53 was “the total amount of taxes and other municipal liens due on the property at 

the time of the sale.”3

 Caret Bay, LLC subsequently assigned the tax sale certificate to 

Appellant Cicada on or about September 10, 2021.

On November 5, 2021, Cicada filed a “Complaint to Foreclose the Equity of 

Redemption for Non-Payment of Taxes” with respect to the Property. In the complaint, 

2 $3,650.56 was attributed to 2018-19 taxes, $3,124.12 was attributed to 2019-20 

taxes, and $2,428.36 was attributed to 2020-21 taxes.

3 Because the amount Williams paid in excess of the 2018-2021 taxes due was 

attributed to the current tax year rather than to other outstanding liens from miscellaneous 

bills, rental registration, and environmental charges, there remained $620.71 in outstanding 

charges.
3

Cicada stated that the amount necessary to redeem the property was $638.51,4 despite the 

tax sale certificate listing the lien amount as $9,998.53. The record does not reflect how 

or when Cicada discovered the over $9,000.00 discrepancy between the lien amount 

reflected on the tax sale certificate and the figure listed in the complaint as necessary to 

redeem the property.

On April 6, 2022, the circuit court denied Cicada’s request for foreclosure of 

redemption specifically because of the discrepancy between the lien amount reflected on 

the tax sale certificate and the figure listed in the complaint, stating that Cicada “fail[ed] to 

state the correct amount necessary for redemption in the [c]omplaint” as required by 

Maryland Rule 14-502(b)(4) and Md. Code (1986, 2019 Repl. Vol.), § 14-835(a)(7) of the 

Tax - Property Article (“TP”). The circuit court ordered that the discrepancy must be 

corrected within thirty days, providing that “failure to correct such deficiency as ordered 

may result in dismissal of the above-captioned case.”

In approximately May 2022, Maryland Legal Aid Bureau, Inc. (“Legal Aid”), which 

had been assisting Williams with obtaining title to the Property, discovered that the 

Property had been sold at the 2021 tax sale.5

 Legal Aid contacted both Cicada and the City 

to determine the amount of outstanding taxes required for Williams to redeem the Property. 

4 The City surmises that the difference between the $638.51 listed in the complaint 

and the $620.71 in non-property tax liens noted in the City’s motion is likely due to interest 

accruing between May and November 2021. We agree that this is likely a reasonable

explanation for the small difference.

5 Williams sought the assistance of Legal Aid after he submitted payment for the 

outstanding property taxes in connection with obtaining legal title to the Property.
4

The City, having recognized its prior mistake, informed Williams’s attorney at Legal Aid 

that the City would be moving to void the tax sale because the taxes had been paid prior to 

the sale. An email from Cicada confirmed to Williams’s attorney that “the tax sale that 

was held for this property will be voided” because “the City law department . . . will be 

filing a Motion to Void the sale.”

The City, however, did not file a motion to void the tax sale promptly. In the 

meantime, even though Cicada had told Williams’s attorney that the sale would be voided, 

on May 27, 2022, Cicada filed a motion for leave to amend its complaint seeking 

foreclosure. Neither Williams nor Williams’s attorney were served with a copy of the 

motion, nor did Cicada otherwise notify Williams or his attorney that it was seeking to 

amend the complaint. The only change Cicada made when amending the complaint was 

to change the amount necessary for redemption. While the original complaint stated that 

$638.51 was the amount necessary for redemption, the amended complaint stated that 

$9,998.53 was owed. On June 27, 2022, the circuit court granted Cicada’s motion to 

amend, and granted Cicada judgment foreclosing the right of redemption on the same day.

It was not until August 15, 2022 that the City finally filed a Motion to Vacate 

Judgment and Declare Tax Sale Void Ab Initio and Dismiss Case. In the motion, the City 

set forth in detail the procedural and factual history underlying this case. The City’s motion 

explained that “[b]ecause the real property taxes were paid prior to the tax sale and the 

remaining charges were not in a sufficient amount to meet the threshold for inclusion in 

[the] tax sale,” the “sale should never have taken place due to substantive reasons and is 

void ab initio.” The City argued that “[w]hen a tax sale, for substantive reasons, never 
5

should have taken place to begin with, it is void at [its] inception.” The City further argued 

that Cicada was “not entitled to receive interest or costs and [wa]s entitled only to a refund 

of its lien amount from the City.”

The City’s motion included copies of computer records showing that the overdue 

property taxes for the Property had been paid prior to the tax sale. The City also attached 

a sworn affidavit from Edward Scrivener, the Delinquent Accounts Manager for the Bureau 

of Revenue Management of the Department of Finance for the City of Baltimore. Scrivener 

declared that “the real property taxes included in the 2021 Tax Sale . . . against the property 

known as 2426 Reisterstown Rd were paid on April 22, 2021, prior to the May 17, 2021 

tax sale.” (Emphasis in original.) Scrivener further declared that “[t]he other liens in the 

sale were not in a sufficient amount to cause inclusion in the tax sale.”6

 The motion 

explained that the City’s errors were a result of “significant pandemic related 

understaffing.”

Cicada opposed the City’s motion, arguing that the judgment should not be vacated 

and that the tax sale was valid. Cicada asserted that TP § 14-811(b)(1) allowed the City to 

refrain from selling a property for a debt of less than $750 but did not require the City to 

refrain from selling an owner-occupied property for a debt of less than $750.

Williams moved to intervene pursuant to Maryland Rule 2-214 on September 12, 

2022. Williams asserted that he should be permitted to intervene as an interested party in 

6 The City’s motion explained that the additional charges resulting in other liens 

totaling $620.71 were for “miscellaneous bills, rental registration, and environmental 

charges.” The City’s motion did not address the fact that Williams had paid over $13,000, 

which was more than enough to extinguish all outstanding liens prior to the tax sale.
6

order to protect his interest in the Property and that no existing parties to the case could 

protect his interests. Cicada opposed Williams’s motion, and the circuit court ultimately 

denied the motion to intervene as moot.

On December 9, 2022, the circuit court granted the City’s motion in part. The circuit 

court ordered that the judgment foreclosing the right of redemption for the Property be 

vacated and that the tax sale certificate be declared void. The court emphasized that TP 

§ 14-820(a)(4) required the tax sale certificate to set forth “the total amount of taxes due 

on the property at the time of sale together with interest, penalties, and expenses incurred 

in making the sale” and that the tax sale certificate filed with Cicada’s complaint 

erroneously listed $9,998.53 as the total amount of outstanding taxes. Accordingly, the 

circuit court determined that the certificate of tax sale was void. 

The circuit court, having accepted the City’s mistaken representation that $620.71 

of outstanding liens remained at the time of the tax sale, determined that the tax sale was 

not void ab initio because a tax sale is only void ab initio when no taxes were owed at the 

time of the sale, either because the taxes were paid in full prior to the sale or because the 

taxes were improperly assessed.7

 The circuit court ordered that the City repay Cicada “the 

amount paid at tax sale, with interest at the rate provided in the Certificate of Tax sale, 

together with all taxes that accrue after the date of sale . . . and all expenses properly 

incurred.” On January 13, 2023, Cicada noted an appeal of the circuit court’s ruling.

7 The City explained that it believes that the circuit court erred in denying this part 

of the City’s motion but did not file a cross-appeal.
7

STANDARD OF REVIEW

Rule 8-131(c) provides:

When an action has been tried without a jury, the appellate 

court will review the case on both the law and the evidence. It 

will not set aside the judgment of the trial court on the evidence 

unless clearly erroneous, and will give due regard to the 

opportunity of the trial court to judge the credibility of the 

witness.

The clearly erroneous standard does not apply, however, when we are reviewing the circuit 

court’s legal conclusions. Turner v. Bouchard, 202 Md. App. 428, 442 (2011). We “accord 

no deference” to the circuit court’s legal conclusions but instead our review is for legal 

correctness. Id. (quoting Cattail Assocs., Inc. v. Sass, 170 Md. App. 474, 486 (2006)). 

When evaluating whether a circuit court’s decision was legally correct, “we give no 

deference to the trial court findings and review the decision under a de novo standard of 

review.” Lamson v. Montgomery Cnty., 460 Md. 349, 360 (2018).

The circuit court’s decision to reopen a judgment foreclosing the right of redemption 

under TP § 14-845(a) is reviewed for legal error. Davis v. Att’y Gen., 187 Md. App. 110,

124 (2009) (“We review a circuit court’s determination of whether there was fraud, mistake 

or irregularity for clear error and legal correctness.”). “We review a decision under TP 

§ 14-845 using the same standard applied to decisions under [Md. Code (1974, 2020 Repl. 

Vol.)] § 6-408 [of the Courts & Judicial Proceedings Article] and Rule 2-535(b). Canaj

[Inc. v. Baker & Div. Phase III, LLC], 391 Md. [374,] 401 [(2006)]. Therefore, we will not 

overturn the ruling unless it appears from the record that the trial court erred as a matter of 
8

law or abused its discretion in denying the motion.” Voltolina v. Prop. Homes, LLC, 198 

Md. App. 590, 600 (2011).

DISCUSSION

On appeal, Cicada asserts that the circuit court erred by granting the City’s motion 

to vacate and declaring the tax sale certificate void. As we shall explain, we are not 

persuaded.

TP § 14-845(a) specifically allows the court to reopen a judgment rendered in a tax 

sale foreclosure proceeding under certain circumstances, providing:

A court in the State may not reopen a judgment rendered in a 

tax sale foreclosure proceeding except on the ground of lack 

of jurisdiction or fraud in the conduct of the proceedings to 

foreclose; however, no reopening of any judgment on the 

ground of constructive fraud in the conduct of the 

proceedings to foreclose shall be entertained by any court 

unless an application to reopen a judgment rendered is filed 

within 1 year from the date of the judgment.

The motion to vacate at issue in this case was filed within one year of the judgment, and, 

accordingly, the circuit court was permitted to consider both the jurisdictional and 

constructive fraud arguments.8

Cicada asserts that the circuit court erred by reopening the judgment because there 

was no fraud nor did the court lack jurisdiction, arguing that “[i]t is undisputed that taxes 

were due and owing during the entire pendency of the proceeding.” Cicada further argues 

that allowing the reopening of an enrolled judgment has “far-reaching public policy 

8 The circuit court’s order does not expressly set forth whether its ruling was based 

upon a finding of lack of jurisdiction, constructive fraud, or both.
9

concerns” and that TP § 14-811(b) merely permits Baltimore City to withhold residential 

property from tax sale when the amount due is less than $750 rather than requiring such. 

In response, the City contends that Cicada’s representation that the circuit court had 

jurisdiction is an unsupported, blanket assertion that misrepresents the facts of this case 

and displays a misunderstanding of Maryland tax sale law. We agree with the City.

First, contrary to Cicada’s assertion, the record reflects that, in fact, taxes were not 

“due and owing during the entire pendency of the proceeding.” Williams paid the City 

over $13,000 a month before the tax sale, when less than $10,000 was owed. The City 

applied the $4,275.63 Williams paid in excess of the 2018 - 2021 taxes due to the current 

tax year rather than attributing it to other outstanding liens from miscellaneous bills, rental 

registration, and environmental charges, resulting in $620.71 in outstanding charges

remaining after Williams’s check was cashed. 

Furthermore, even if the liens for miscellaneous bills, rental registration, and 

environmental charges were outstanding, the amount owed was not enough to place the 

Property into the tax sale under Maryland law. Although TP § 14-811(b)(1) provides that 

“[t]he collector may withhold from sale any residential property when the total taxes on the 

property, including interest and penalties, amount to less than $750,” the provision is 

mandatory rather than permissive for owner-occupied properties in Baltimore City. 

(Emphasis supplied.) Indeed, TP § 14-811(b)(2) provides that “[i]n Baltimore City, the 

collector shall withhold from sale owner-occupied residential property, when the total 

taxes on the property, including interest and penalties, amount to less than $750.” 
10

(Emphasis supplied.) Cicada fails to address the mandatory provision applicable to 

Baltimore City in its brief.9

The statute bestowing the circuit court with jurisdiction to foreclose the right of 

redemption in tax sale cases is codified in TP § 14-834, which provides:

The circuit court, on the filing of a complaint to foreclose the 

right of redemption, has jurisdiction to give complete relief 

under this subtitle, in accordance with the general jurisdiction 

and practice of the court, and with all laws and rules of court 

that relate to the circuit courts for the county in which the 

property is located, except as otherwise provided in this subtitle, 

to bar all rights of redemption and to foreclose all alienations 

and descents of the property occurring before the judgment of 

the court as provided in this subtitle and all liens and 

encumbrances on the property, except property taxes that arise 

after the date of sale, and to order an absolute and indefeasible 

estate in fee simple or leasehold to be vested in the holder of the 

certificate of sale.

The statute does not grant the circuit court jurisdiction without restriction, but, 

rather, conditions the circuit court’s jurisdiction in several ways. “The tax sale foreclosure 

statute confers only a special, limited jurisdiction on the circuit court; it does not 

contemplate or grant the circuit court the authority to exercise general equity jurisdiction 

in tax foreclosure proceedings.” Voge v. Olin, 69 Md. App. 508, 514 (1986). See also 

Jannenga v. Johnson, 243 Md. 1, 8 (1966) (Horney, J., concurring) (explaining that a fatal 

defect in a tax sale meant that the circuit court “never acquired jurisdiction in the first place 

and, because it did not, it had no power to decree foreclosure of a right of redemption that 

9 In its reply brief, Cicada asserts that the Property was not owner-occupied. The 

undisputed evidence in the record establishes that although Harbour is the legal title holder 

for the Property, Williams is the actual owner, and he resided at the Property at all times 

relevant to this appeal. See supra n.1.
11

did not in fact exist” and observing that “[a]ny other holding would be in conflict with §

23 of the Declaration of Rights (Due Process) declaring that no man ought to be disseized 

of his freehold or deprived of his property but by the law of the land.”).10 

We agree with the City that a tax sale is null and void when there are no taxes 

overdue. We further agree with the City that a circuit court has no jurisdiction to entertain 

a foreclosure action based upon such a void tax sale. In our view, the same reasoning

applies to a circumstance in which the government demands a large amount to prevent a 

tax sale when only a small amount -- less than one-tenth of the amount demanded -- is 

actually due. Nor does the court have subject matter jurisdiction to sell an owner-occupied

property for a tax debt under $750 in Baltimore City. Accordingly, on this basis, we shall 

affirm the circuit court’s ruling declaring the tax sale certificate void and vacating the 

judgment foreclosing the right of redemption.

The City raises an additional jurisdictional argument, arguing that even if there 

remained a small amount of money owed on the Property at the time of the tax sale, the 

sale was null and void because the statutorily required pre-sale notices published by the 

City failed to state the amount owed with substantial accuracy as required by TP 

10 Prior to 1978, Article 24 of the Declaration of Rights was numbered Article 23. 

The reference to “§ 23” in the above-quoted article refers to the current Article 24, which 

provides: 

That no man ought to be taken or imprisoned or disseized of his freehold, 

liberties or privileges, or outlawed, or exiled, or, in any manner, destroyed, 

or deprived of his life, liberty or property, but by the judgment of his peers, 

or by the Law of the land (amended by Chapter 681, Acts of 1977, ratified 

Nov. 7, 1978).
12

§ 14-813(d)(1) (requiring, inter alia, that the pre-sale notice that must be published in 

newspapers and on the City website “shall contain with substantial accuracy . . . the amount 

of all taxes due and unpaid on the property”). The City contends that no reasonable reading 

of the term “substantial accuracy” would allow a notice of a $9,998.53 debt to be 

substantially accurate notice of a $620.71 debt. The City analogizes to cases addressing 

the substantial accuracy requirement with respect to the required description of location in 

notices, observing that the Supreme Court has held that “an inadequate description in the 

advertisement of sale will render the tax sale void.” Holland v. Billingsley, 208 Md. 635, 

641 (1956). Indeed, the City presents a compelling jurisdictional argument as to this issue, 

but it is one that we need not address in light of our earlier conclusion.

In addition to the jurisdictional arguments, the City asserts that its own errors and 

Cicada’s misrepresentations, each separately and both together, constitute constructive 

fraud. We need not address the constructive fraud argument in detail in light of our earlier 

holding, but we exercise our discretion to address it briefly. Constructive fraud is a “breach 

of a legal or equitable duty which, irrespective of the moral guilt of the fraud feasor, the 

law declares fraudulent because of its tendency to deceive others, to violate public or 

private confidence, or to injure public interests.” Canaj, supra, 391 Md. at 421-22 

(emphasis omitted). “Constructive fraud, as it might be relied on by an owner of property 

being sold for taxes, would normally relate to notice and things of that nature that would 

hinder the delinquent taxpayer from exercising his right to redeem, i.e., pay the delinquent 

taxes.” Id. at 422. The Supreme Court has explained that “[f]ailure to comply with the 

notice requirements has since [1966] been considered constructive fraud.” Id. at 423. 
13

There is ample evidence in the record that supports the City’s constructive fraud 

argument.11 The City’s failure to cash Williams’s check promptly and to credit his account 

correctly by attributing the payment against the liens placed against his home resulted in 

the Property erroneously being included on the list of properties to be auctioned at the 

City’s 2021 tax sale. Furthermore, the City failed to promptly file a motion to void the sale 

after informing Williams’s attorney that it would do so and ultimately did not file the 

motion until after the judgment had been entered and more than thirty days had elapsed. 

The City’s errors were compounded by Cicada’s conduct. Specifically, Cicada explicitly 

advised Williams’s attorney that the tax sale would be voided via an email from paralegal 

Paulette Hill to Williams’s attorney. Nonetheless, ten days later, Cicada moved to amend 

its complaint, affirmatively misrepresenting the amount Williams owed in order to match 

the amount to the tax sale certificate that listed the incorrect amount of tax owed. Whether 

Cicada was intentionally misleading the court or whether Cicada’s actions were inadvertent 

mistakes is of no moment for the constructive fraud analysis. The sum total of the actions 

taken by the City as well as Cicada was more than enough to constitute constructive fraud 

under Maryland law.

11 As we explained supra in footnote 8, the circuit court’s ruling does not expressly 

set forth whether its ruling was based upon a finding of lack of jurisdiction, constructive 

fraud, or both. As explained herein, the evidence in the record supports both findings.
14

We hold that the circuit court did not err by vacating its earlier judgment after 

determining that a City resident’s home was sold at a tax sale despite no (or minimal) taxes 

being owed. Accordingly, we affirm.

JUDGMENT OF THE CIRCUIT COURT 

FOR BALTIMORE CITY AFFIRMED. 

COSTS TO BE PAID BY APPELLANT.

 
The correction notice(s) for this opinion(s) can be found here: 

https://mdcourts.gov/sites/default/files/import/appellate/correctionnotices/cosa/2001s22cn.pdf