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 »
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 »
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?
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?
Anyone can prepare a deed of trust. That is a different question. Also, almost anyone can witness a signature. But only an attorney can execute the lawyer's preparer affidavit (if the lawyer was involved).
The answer depends on who is asking. For instance, the best thing for your father is for you to obtain a loan and to pay him the full purchase price in exchange for a deed. He then walks away and you live in the house. The best thing for you might be an option to purchase, or a rent-to-own. These...Read more »
I served 2 summons complaints, one on Ocwen Loan Servicing and second on U.S Bank, NA as Trustees resident agents who were different companies who had different names and addresses. The attorney for U. S. Bank, NA as Trustee is representing both Ocwen Loan Servicing and U.S. Bank on two separate... Read more »
It is not necessarily a conflict, and if so, it can likely be waived. It is not the type of thing that you can take advantage of since you are not adversely affected. It is a common mistake to think that a lawyer's ethical obligations to others can be used to advantage by an adverse party. If there...Read more »
Yes, every civil case permits some discovery. The District Court limits the scope and number of written requests. And the practice of mandatory disclosures in the federal court is different than State courts. The amount and type of discovery is also dictated by your own goals in the case.
My mom recently passed away. She owned a Business in partnership with one of my siblings. What happens to her portion of the business? Does it go to the sibling who is the partner? Or does it go to all of the siblings?
Maryland has extensive partnership statutes that must be considered with whatever partnership agreements exist, and terms of a will, or the intestacy statutes. The Personal Representative of her estate should consult a lawyer.
You have rights to sue in court, and you may file complaints with the relevant Maryland licensing boards. The full scope of your rights depends on what is written in your documents, and other things a lawyer can tell you after a thorough interview.
The property is in disrepair and cannot be sold for the amount owed. Also, if the property has been willed to individuals that won't pay the mortgage, will the full amount owed end up being the responsibility of the estate? Thankfully the owner is still alive, but not well. He is trying to decide... Read more »
Whomever is still on the mortgage. Otherwise it is up to the estate of the deceased person to liquidate the asset and pay off the loan. The current owner may try a short sale, but if the property is in poor condition it is likely nobody can get financing.
Is it legal to sue me because he could not get his lender to settle without putting home into estate? The sell also did not take place because I refused to sign or agree to a lot of amendments. This is Prince George County MD
If the house was in the dead person's name, and the will said you inherit, then you must pass title through the estate. The house is then sold to the third-party by the Personal Representative, and the proceeds of sale go to the estate for distribution to heirs (you), or you take title from the...Read more »
If you are in an HOA, you may have shared rights of access under the documents. But you are not otherwise entitled to climb on your neighbor's property to access your own. This is a very common issue, and it must be resolved through good neighbor relations or your willingness to provide...Read more »
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