Bowie, MD asked in Real Estate Law for Maryland

Q: My mother passed in 2010. I am the Legal rep of her estate. In 2003 she refinaced her home putting me on the deed as

Joint tenent. Deed was never filed in MD. Settlement and mortgage company is no longer around. I want to file the deed but they won't file unless I have the orig. Current morthage company keeps sending copy and says that the settlement company has the orig. They are gone. Can I create a deed and petiion the court to file the deed?

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2 Lawyer Answers

David Thomas Wagner

Answered
  • Rockville, MD
  • Licensed in Maryland

A: It is possible that title company's title insurance underwriter or an owner of the title company still has the files and the original deed although given that it was 7 years ago it is unlikely. More information is needed to determine your course of action. Do you have a copy of the signed, notarized deed? Did you sign the deed of trust?

You should consult with an attorney to determine your best course of action. I can be of assistance.

This response is intended only as general information and is not intended as nor does it serve as legal advice and no attorney client relationship has been established between the poster and the responding attorney. The poster is advised to retain counsel of their own choosing before undertaking or not undertaking any actions.

Thomas C. Valkenet

Answered
  • Baltimore, MD
  • Licensed in Maryland

A: This is a very common issue. If the lender's deed of trust named you and your mom, it is likely that it was not recorded, either. The lender will make claim on its title insurer, who will hire someone like me to go to court and impose the lien.

You can also file to quiet title, but see if the lender's insurer will bear the expense, first.

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