We signed a contract as AS-IS with Sellers right to walkaway subject to the home inspection. The Buyers agent provided us an email from the Buyer stating that following the home inspection they became aware of more potential issues. Through that correspondence they said if we did not provide a... Read more »
This is a very, very common issue. Your rights are in the contract, where you may be required to participate in mediation for disputes arising within one year from the settlement date. You may also sue for a declaration that the contract is at an end, among other things.
I guess the LL has been using the address of her home for her kids school district. The school found out they are no longer living here and they must move back in or face the kids being kicked out of the school. LL said we need to be out by the end of the month.
What rights do we have in... Read more »
You have the right to enforce your own lease, if you are current in all your own obligations. Does the lease permit such quick notice? A lawyer near you must review the document before you have good advice to rely upon.
There is a mortgage fro $250,000.00 and house is worth $375,000.00. She owed $10000.00 in credit cards.
I want to keep the house. My sister does not want house. I am Personal Representative. There is no money to pay credit cards.
Do I have to sell the house to pay the credit cards?... Read more »
The just debts of the decedent must be paid out of assets of the Estate, before distribution to the heirs. So, the house must be sold or refinanced to pay off the credit card debt. This can be wrapped in with the sister disclaiming her interest (if she doesn't want the value of her interest),... Read more »
It may. But the specific facts of your transaction are essential to any lawyer giving you a coverage determination. How you frame your title policy claim is important, as an improperly worded demand for coverage could result in a denial that is tough to overcome. If you are in active litigation,... Read more »
Perhaps, it depends on all the circumstances and the reason for termination of the contract. Of course, whether it is legal or not really depends on the willingness to pursue recover. Your standard MAR contract has mandatory mediation within the first year. And you must also consider the broker... Read more »
A few years after purchasing the home an individual who had a judgement against the co-owner n another county in maryland, came to the county where the home was owned and attched the judgement. The home was sold by the bank for a $150,000 profit.
Am i entitled to half of that money since... Read more »
If you mean that the foreclosing bank generated a surplus from the subsequent sale out of foreclosure, then you must make claim for the surplus that has been deposited with the tax collector. Your co-owner may also make a claim, and the two of you may negotiate, agree or fight over the split. The... Read more »
I hope my adult children would not have to pay off my house
Assuming you are the only name on the deed, the house becomes "property of the estate" upon your death. Your "just debts" must be paid out of the assets in the estate, and that includes the mortgage. Your heirs may be able to refinance the mortgage so the house is not sold to a third-party.... Read more »
If you signed the current lease, the landlord can make claim on you. You can then make claim for a portion of that amount against your former roommate. If you have vacated and the new tenant replaced you, with a new lease, then the landlord cannot make a double recovery. You may still be... Read more »
Maryland Maryland
Yes. A quiet title action may be brought to address any dispute over interests in real property. Adverse possession is only one of many potential disputes. You may also couple many equitable claims with demands for money damages and injunctive relief, negative and affirmative.
Yes. Of course, the seller can also disclaim knowledge of anything by stating "as-is." The question as to actual knowledge of latent defects is the most important, however.
If you are not on the deed, then you don't have an interest in the real property. You can remain liable for the loan if you have signed the promissory note or deed of trust as a borrower/guarantor.
if they don't pass inspection? or are these addendum's that are put into an offer?
This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item is... Read more »
Great grandmother died in 1985. Left property as heir property. My mother held power of attorney. My great-uncle attempted to sell the property. He couldn't b/c the heirs never paid my great-grandmother's attorney for the work he did. As such, the deed was never transferred to the heirs. Taxes are... Read more »
You can pay, but you will be deemed a volunteer, which means nobody will have to pay you back. Your course of action is through the probate proceeding to replace the old personal representative, who failed to have the prior deed recorded, or to safe guard estate property. You may, or may not be... Read more »
Our buyer unexpectedly presented us with a unilateral termination as we were preparing to close.
- we met all deadlines including original closing date
- we agreed to and completed over $5k in repairs (our agent coordinated with the contractor to pay out of proceeds)
- the... Read more »
This is a very common situation. Buyers can elect to break a contract. The question is whether there is a penalty. In your situation, you may elect recovery of the EMD or a suit for specific performance. Your contract certainly has mandatory mediation as predicate for a lawsuit for damages, but... Read more »
I had been told house was being rented. We owned the property jointly.
House in MD; I live in AZ
You must sue to have the deed declared void. Now that you have discovered the forgery, you have limited time.
The offer is minus half of the mortgage, property taxes and maintenance repairs. What exactly is he financial responsibility for as half owner of the house?
Your use of the phrase "inherit" is not descriptive enough. Did the Estate grant a deed naming both of you as co-owners? Or are you referring to a Will giving you the house, but the title document was not executed and recorded?
I was told that Maryland by law requires you to hire an agent for the acquisition of real estate. I find that hard to believe.
Not true. But an agent or lawyer can be useful.
When the unrepresented shows interest in a residential property, the selling agent will usually try to convince the buyer to use a buyer's agent in the selling agent's own office.
The other common fallacy is that you must use only... Read more »
Seller and Sellers agent told us at settlement that the receipts would be sent to us a few days after settlement or left at the house, they were never sent or left. When we went back to them to get the agreed upon items fixed they both said that they will not be doing these fixes now. There were 2... Read more »
This is a very ordinary claim for breach of contract. You may sue to enforce the promise, or you may complete the work and sue for the actual cost to you of completing what was promised. The amount in controversy will determine the court where claim is brought. If the evidence is that the seller... Read more »
This is not difficult, but unless the mortgage is refinanced by him, or extinguished by full payment, he will take subject to the mortgage. Also, the terms of your mortgage might restrict your ability to re-title without paying the balance.
HELOC was transferred in September and new servicer has not produced an assignment of deed of trust, despite my many attempts to get a copy. Don't they have to file an assignment at the courthouse in order for the title to be clear?
Not in Maryland. But to protect the borrower, you are credited with all payments to the former holder/servicer until and unless you receive notice of the new beneficiary/note-holder.
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