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Questions Answered by Thomas C. Valkenet
2 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Maryland on
Q: In maryland can my brothers wife ( pending divorce). Take the home of his deceased parents?

My aunt and uncle raised me. And have one biological son. My uncle died 2003 my aunt 2016. I was never legally adopted. My cousin( their son). Wants to sign their property over to me. Him and his wife are getting a divorce. She has threatened to take half of his deceased parents home. They do have... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 22, 2020

You and your cousin do not presently own the property. It is property of the estate for the second of your Aunt or Uncle. If you name, and the name of your cousin was not already on the deed, only a Personal Representative of the estate can pass title of the house. And if your cousin was never on... Read more »

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3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Maryland on
Q: As personal representative of closed estate should l sell house even if 3 heirs want to keep house in family?

There are 6 heirs. There is no more money to pay taxes, repairs etc. 3 heirs want to stop sale. I want to sell asap as is

Thomas C. Valkenet
Thomas C. Valkenet answered on May 1, 2020

If the house is still in the name of the decedent, then the Estate is not yet closed. But the Personal Representative has broad powers to administer the assets of the Estate and make distributions according to the Will or laws that apply when there is no Will. If the house must be sold, then... Read more »

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3 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: There is a 10 ft driveway between me and my neighbor but my neighbor he is saying this is his area

In my property on the right side there is a 10 ft driveway and also pipe line at the beginning of this 10 ft area this water pipe belongs to my house and it’s on the survey, but now a days my neighbor is using the area as a parking lot for his cars, when I talked to him he said this 10 ft area... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 30, 2020

Hire a survey! The answer to your questions lies in what the survey shows, after the surveyor reviews the deeds and record plats. If there continues to be a dispute it is possible that the cost and expense of resolving the issue can be shifted to your title insurance company, if the claim is deemed... Read more »

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Can a tenant legally remain in a property that is being sold?

I am in the process of buying a house. The house is currently occupied by tenants. The tenants were given notice of the home being sold by the sellers on April 1st, giving them 30 days to move out. The tenant refused to let our inspector inside the house due to COVID-19 risk, but agreed that the... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 16, 2020

First question: Where is the property located? Some jurisdictions require that you give the tenant a right of first refusal on the sale. They must have the chance to match your last offer. Second Question: has the lease expired? The tenant has rights pursuant to their lease. And my third point is... Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: Eminent domain What Regards That Government Has To Pay Just Compensation And And You Have To Pay Just compensation

What Regards That You Don't Have To Pay Just Compensation As A LLC / Individual / Private Company Non Profit Company..... As In Thing That Regard Regard Tax Exempt Is It Just As In That Thing That Regard ( Tax Exempt )

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 9, 2020

Eminent domain is subject to the requirements of local statutes and ordinances that provide the payment formula. There are appraisers that deal with condemnation appraisals. And if you and the condemning authority cannot agree, you can take a case to trial in a circuit court where a jury will set... Read more »

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: Can You File For Eminent Domain Regarding Government Property

Can You File Eminent Domain In Regards Regards Government Property .....( International Law )

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 9, 2020

No. Eminent domain is a means by which the government can take land from private citizens to serve some greater public good, subject to due process requirements. There is not a means where private citizens may force take government property. The government must do this voluntarily, ordinarily by... Read more »

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3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: How Do You File For Eminent domain In Maryland Is It That I Go To The Court Or A Special Place / Online / Dref My Oun.

Regarding Baltimore City and and St Mary's Country

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 9, 2020

If you are a private citizen, you do not file such an action. Only the government may exercise rights of eminent domain. Imagine a County Council announcing redevelopment of a blighted area, and then a process of acquiring land from existing owners so the County can sell to a commercial developer... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: How could I back out of a house purchasing contract due to the impending housing market downturn due to COVID19?
Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 9, 2020

Your potential remedies are written in the contract. It depends on the available contingencies, and whether they have expired, and what may constitute a default. However, a change in the market after a contract becomes specifically enforceable is rarely grounds to back out. But this is America, and... Read more »

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4 Answers | Asked in Real Estate Law for Maryland on
Q: My dad died without a will owning land with his siblings, his only sibling alive is selling it now who gets my dads part

My mom also passed he had bo will she did

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 7, 2020

The answer is mostly in the deed, but life events may have changed how the deed language operates. For example, if siblings owned as joint tenants, the death of one ordinarily passes the interest to the remaining joint tenant. However, joint tenancy can be easily severed by events such as... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I hold a buyers agent liable for fraud in Maryland real estate transaction?

I sold home in Md in May 2019. Buyer agent fraudulently advised buyer to get out of contract using HOA Docs disclosure law when there was no buyer complaint with docs. Buyer home inspection showed serviceable roof with 3 minor issues. Buyer requests roof replacement. I refused and said would... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Mar 24, 2020

The HOA contingency operates regardless of intention. But having accepted a new deal, and closed on that new deal, you are likely estopped from claiming any damages against the purchaser and the former agent. The HOA contingency is a well-known "out" to a contract.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Sellers signed a AS-IS Md Sales Contract.Buyers said they would walk if Sellers did not pay and extra cash credit a clos

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 »

Thomas C. Valkenet
Thomas C. Valkenet answered on Feb 12, 2020

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.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: halfway in our 12 month lease & paying on time. LL needs to kick us out in less than month no fault of our own.

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 »

Thomas C. Valkenet
Thomas C. Valkenet answered on Feb 6, 2020

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.

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3 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: Can I keep the house after my mother died. I was living with her. The only other heir is my sister. She was not married.

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 »

Thomas C. Valkenet
Thomas C. Valkenet answered on Jan 4, 2020

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 »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Does title insurance cover improperly subdivision Issues with the county on a piece of property.
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 18, 2019

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 »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Is it unlawful in MD to keep a deposit on an "as is" property sale if you fail to disclose a known structural defect?
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 15, 2019

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 »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My home was foreclosed in july 2019. The home was owned by me and a co-owner. The deed was titled as tenants in common.

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 »

Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 3, 2019

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 »

2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: Since I owe a large sum on my house; when I die, can my adult children just 'give the keys' to the mortgage company ?

I hope my adult children would not have to pay off my house

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 30, 2019

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... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I am in MD state. If i break my lease am i responsible for the remaining balance of rent if a tenant is in the appartmen
Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 26, 2019

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 »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can Can You Quiet Title A Estate Estate / Property With No No mortgage / Lease.. && Not Regarding Adverse Prosession

Maryland Maryland

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 12, 2019

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.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Does a seller have to complete and provide a property disclosure form for a renovated home that they did not reside in?
Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 26, 2019

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.

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