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... View More

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... View More

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... View More

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... View More

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.

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... View More

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... View More

"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... View More

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

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... View More

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... View More

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... View More

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... View More

"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... View More

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... View More

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... View More

If someone is appointed as Personal Representative (PR) and they cannot do the job for whatever reason, the next person in line is whomever the Will names as successor PR. The job doesn't pass to anyone managing the PR's own affairs. If there is no successor named in a will, Maryland... View More

A homebuyer/borrower may engage whatever settlement/title company they wish to conduct the closing. It would be very unusual for a second title company to issue the policy. Among other reasons, the title company doing the closing does the title examination upon which the policy will be based.... View More

A deed in lieu of foreclosure basically short-steps the foreclosure process where the homeowner deeds over the property to the lender and moves out, eliminating the need to go through the foreclosure process. This can only be done if the lender agrees. If you want to explore this option you... View More

The Personal Representative will usually need to wait until the time period for creditor claims passes before distributing the estate. This does not necessarily mean waiting until the estate closes - in some situations a PR will file an interim account and make a distribution before the estate... View More