Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Cedulie Renee Laumann
2 Answers | Asked in Real Estate Law for Maryland on
Q: with married couples does et al by their name on a title mean anything like whoever folks she deem has part in title too

My wife's name has et al on the title mines doesn't. Does this mean that her folks or whoever she deem "et al" has a part in our title?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

While the tax account or public record possibly lists one owner followed by "et al," it is highly unlikely that the actual title (deed) lists ownership that way.

You'll want to look at the deed itself to see who is on title and how the title is structured. A husband and...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: Selling property in Maryland. Contract states buyer pays all settlement fees. does seller have to pay any?

Settlement company is saying that seller fees have to be paid by seller despite contract stating "buyer agrees to pay all settlement costs and charges, including, but not limited to..."

Can the settlement company do this or is there a law that states that sellers are required to... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

The contract dictates who pays the closing costs and settlement fees and the title company should follow those instructions. Note that in most cases the Seller will pay the cost of the deed preparation and the cost of recording the release for any mortgage, even if the Buyer will pay the... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: want to know about a land installment contract
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

What about land installment contracts do you want to know?

It might be helpful to contact a lawyer to go over the particular situation and ways to structure. Maryland law allows land installment contracts, though there are other ways to structure transactions where the goal is to pay the...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Maryland on
Q: How far in advance can a rent to own agreement be drawn out for in Maryland?

If someone doesn't have the credit bandwidth to purchase a property from an owner in say 2-3 years as is typical. Could the contract be written for a longer period say, the length of the original owner's mortgage?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 3, 2020

It is worth noting that any leasehold arrangement longer than 7 years generally must be recorded among the Land Records and that recordation tax may be due on the recording. For this reason it is not common in Maryland to have a lease with a term greater than 7 years.

See Md. Ann Code Real...
Read more »

View More Answers

3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: Is it legal in MD to acquire a property via "subject to" instead of assuming a mortgage?

The owner would still have the mortgage in their name, but title would transfer to me and I would continue paying the original mortgage.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 1, 2020

Most mortgages ("Deeds of Trust") have a clause that prevents property from being transferred without paying off the mortgage. As another attorney notes, if someone tries to transfer without paying off the mortgage the lender usually has the right to exercise something called a... Read more »

View More Answers

3 Answers | Asked in Real Estate Law for Maryland on
Q: Where can I get a quiet title
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 30, 2020

Quiet title can only be given by the Courts. To quiet title in a property you'd need to first do a complete title search, then file a lawsuit. Such kinds of lawsuit may require a full trial with experts, depending on the circumstances and whether or not other interested parties contest the... Read more »

View More Answers

3 Answers | Asked in Real Estate Law for Maryland on
Q: I want to give a home that I own (no mortgage) to a friend. How do I do that? Are there any tax implications?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 25, 2020

You give a home to someone else by executing a No Consideration Deed. Any real estate attorney can help with preparing such a deed. There are several possible tax implications.

First, most deeds in this state are subject to transfer and recordation tax. A true gift deed, without any...
Read more »

View More Answers

2 Answers | Asked in Estate Planning for Maryland on
Q: I want to buy my aunts house in probate. Do I have to purchase it at 90% of the value of the home?

The two heirs are minors and we want to keep the home in the family as they have experienced much loss at young ages. No one in our family is contesting the sale price which is about half of the value.

My father is the personal representative of my aunts estate and is willing to sell the... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 20, 2020

A personal representative must preserve the estate and the value of estate assets for the beneficiaries / heirs. Assets cannot be sold/given away for less than fair market value since doing so would take money away from the creditors or heirs.

Competent adult heirs can disclaim their...
Read more »

View More Answers

1 Answer | Asked in Environmental for Maryland on
Q: Can You Quit Title By Adverse Possession With Out The 20 Year Statute Or Early Like After 2years Base On The Environment

Environment Nature Or Circumstances Regarding The Title Ouner/ Ouners And Like Fines / Liens.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

No, the time period for quieting title by adverse possession is set by statute. Environment has no bearing on the statutory time period.

The question about liens is unclear. Lienholders who have not been paid can usually foreclose on the property. You may wish to consult with a lawyer.

1 Answer | Asked in Elder Law for Maryland on
Q: I am POA, father has dementia, in asst living, sadly medicare and health insurance does not cover much.

I have lived in his home for past 13 yrs. My sister lives in his other home, which he purchased for her and has lived there 20 + yrs. When his money runs out will we have to sell the homes, can I put deed in my name?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

Usually an attorney in fact under a POA cannot transfer assets to themselves. Nor can the agent gift property to other family members unless the authority is expressly given in the power of attorney and is consistent with the principal's pattern of giving and best interests.

In...
Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: With the MD "as is" addendum, does the buyer have the right to terminate with no inspection.

I am the seller. They buyer's realtor says they are terminating the contract because of the house's oil tank. They did not have the oil tank inspected. Can they just terminate without inspecting it?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

An attorney would need to look at the specific Contract and Addenda at issue before drawing a conclusion on the rights of the parties. Sometimes a contract is written giving a buyer a general right to terminate if dissatisfied after inspections -- in that case, there is usually not much a seller... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Can You Quiet Title A Property That Has Violation Broken Windows Doors Trash And Debris Excrement Reported Unreported

Will The Judge Grant The It If You Have No Claim Statement Or The Claim Statement Is That Its Self Or By Asking Or Just Based On Identification Identification And The Circumstances There Of Or Nature Of The Unmaintained Land

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

"QUIETING TITLE" means settling any dispute on the ownership of particular property. The condition of the property is usually irrelevant. Someone can only quiet title to property they either have a recorded interest in (meaning something like a deed recorded in the Land Records) OR... Read more »

1 Answer | Asked in Foreclosure for Maryland on
Q: If auction on house been cancelled don’t they have to notify you if they want to auction it off again
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 13, 2020

Yes. Notice of the date of sale must be published in the newspaper for at least 3 weeks.

1 Answer | Asked in Foreclosure for Maryland on
Q: If you didn’t receive a letter in the mail stating that your house is going to auction can they auction it off
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 13, 2020

There are at least 2 different kinds of foreclosures in Maryland, and they have similar but slightly different rules. A house can be foreclosed because the owner didn't pay the mortgage or it can be foreclosed because it went through tax sale.

In either case, a house cannot be...
Read more »

1 Answer | Asked in Business Formation for Maryland on
Q: How can I add members to an LLC in Maryland?

My brothers and I are starting a family business. I filed the articles of organization for the LLC but I didn’t add my brother names.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 13, 2020

Articles of Organization do not ordinarily list who the business owners are, so in most cases they have no effect on who the member(s) might be. The member(s) should be identified in the Operating Agreement, in the membership certificates and on federal and state tax filings.

You are...
Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: What specific MD law requires addendum to a Real Estate contract to change my name from individual to my family trust
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 13, 2020

A Contract should name the Seller (or Buyer) the same way they hold (or will hold) title.

If the contract puts an individual name and the title will (or does) have the trust, an addendum is probably necessary.

Although federal law allows a homeowner to transfer their residence...
Read more »

View More Answers

3 Answers | Asked in Real Estate Law for Maryland on
Q: Uncle owns 1/2 of condo in ocean cityMD, he wants to sell. Property has been paid for by him, and abondoned for 2yrs.

Made several attempts to contact other owner and nothing. Other guy owes $50,000 in back pay. What can we do?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 9, 2020

As other attorneys have noted, if a co-owner doesn't respond, the owner who wants to sell can file a lawsuit called a "sale in lieu of partition" action. This basically forces a sale by putting a court-appointed trustee in charge of the property. Litigation is not the most... Read more »

View More Answers

1 Answer | Asked in Family Law for Maryland on
Q: How to get emancipated at 15 without a parent consent

My mom is verbally abuses me everyday and sometimes physically hits me with her cane. I want to move out as soon as possible I can’t wait until I’m 18. I already have a family member who will let me move in with them . I have already talked my mom about letting me move out and why she made it... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 6, 2020

"Emancipated" is different than a minor going to live under another adult's care. In most cases to be emancipated a minor must be fully independent and prove that they can financially and otherwise care for themselves. It would be unusual for a 15 year old to meet the standards... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: The estate consists only of a home in MD. When selling it, does the estate have to pay county & state transfer fees?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 2, 2020

If the property is disbursed (not sold) to an heir, the deed is usually exempt from transfer and recordation tax.

If the property is sold to anyone in exchange for consideration, transfer and recordation tax must be paid. Who pays (buyer or seller) is set by contract - it is customary...
Read more »

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: My aunt and uncle are deceased. They have one living son. Property has never changed names from aunt and uncles.

My cousin would like to sign property over to me. They had no will. What steps need to be taken to do this. Property has no liens or mortgages. I have paid land taxes for over ten years.i live in the property and have all my life. Cousin has no interest in owning home.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 22, 2020

An estate will need to be opened. If a married couple owned the property as "tenants by the entirety" when the first one died, title should have gone to the survivor of them. (If they owned title differently there may be a need for two estates).

In many cases an estate will...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.