Baltimore, MD asked in Contracts and Real Estate Law for Maryland

Q: My mother gave me my grandmothers house , which was uninhabitable . I remodeled it, and now she is selling it.

I found out from an email I was sent from an interested buyer. In the beginning (2010) My mom and I agreed that I would at least Get the money I put into it if she sells the house. Can I put a lien on the property to get the money I’m due?

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: You need to memorialize your agreement in writing and put the dollar figure you want to be paid in the agreement and how you’re to be paid (at closing, by direct check from settlement). Filing a lien may be unnecessary and costly. Have a lawyer draft the agreement. If your mother won’t sign, you will need to file suit, assuming you are within the statute of limitations (within three years of incurring the remodeling costs).

Bruce Alexander Minnick agrees with this answer

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: The short answer to "can I put a lien on the property" is yes. Maryland limits who can lend money secured by a house but still allows immediate family members (such as mother/daughter) to do so.

The process of getting a lien is done by having the property owner sign a deed of trust (or mortgage) for the amount of loan that gets recorded in the land records. A real estate lawyer could assist with preparing this kind of paperwork. Besides legal fees, Maryland law imposes something called a recordation tax to record a loan based on the dollar amount of the loan, in addition to a flat recording fee.

While a lien against real property gives stronger assurance that money will be repaid when property goes to settlement, as another attorney noted, there may be other less costly ways to memorialize an agreement.

Bruce Alexander Minnick agrees with this answer

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