answered on Mar 15, 2023
You need to review your loan agreement. It spells out what fees can be charged.
We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?
answered on Nov 1, 2022
Most mortgages aren't assumable, so he won't be able to "take over" the loan. Refinancing is the only option. If you remain on the deed, you'll probably have to sign the mortgage (not the note), so you may talk to a real estate attorney about the option of transferring the... Read more »
But now is going to be auctioned In the upcoming months can I stop it and pay for it
answered on Oct 8, 2021
“With the understanding of ownership.” That will have to be clarified. Are you saying you have a rent to own contract with the owner? Your recourse will be contractual, and it will be against the owner/landlord, assuming you paid a premium above fair market rental value in order to secure a... Read more »
or do I just wait for the circuit court to provide a court date?
This is foreclosure circuit court in Prince George's county.
My case was closed statistically and last entry is "disposition: remanded"
answered on Feb 18, 2021
You are in over your head and you need to retain an experienced MD mortgage foreclosure defense attorney. The attorney will know the correct way to proceed and will be able to obtain the best possible results given the existing law and the facts of your case. THIS IS NOT LEGAL ADVICE! YOU NEED TO... Read more »
answered on Jan 27, 2021
Civil actions cannot be expunged. Expungement only applies to certain criminal charges. There are a few rare matters in civil cases or specific types of civil actions that can sometimes be sealed or shielded from public view. Foreclosures are not among those matters subject to the civil sealing... Read more »
The owner would still have the mortgage in their name, but title would transfer to me and I would continue paying the original mortgage.
answered on Jul 31, 2020
There is just about a certainty that the seller’s mortgage note and deed of trust contain a due on sale clause. The seller would be creating a fraud on the bank... But, no worries. I doubt your deed would be accepted for filing, and, if it was, the lender would simply foreclose wiping you out.
What can I do to keep the house? Do you think the mortgage company will work with me & my wife to help us stay in the house?
answered on Jul 15, 2020
You should be able to keep the home with certain conditions if you file a chapter 13. I suggest you speak with a bankruptcy attorney to properly advise you in your unique situation.
answered on Jul 13, 2020
Yes. Notice of the date of sale must be published in the newspaper for at least 3 weeks.
answered on Jun 24, 2020
No. The statutory and procedural rules all require notice. Your Due Process rights under the federal and state constitutions also require notice and an opportunity to be heard before adverse action is taken against you or your property taken away.
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 »
answered on Jun 22, 2020
Yes. If you are on the title, you are entitled to notice of all proceedings.
Is that a form of self help eviction? What can I do about willful diminution of services?
answered on Mar 5, 2020
Neither DC nor Maryland allow self-help. Turning off the electricity is likely to be wrongful eviction. You should seek out a lawyer or, if you cannot afford one, find a local Landlord-Tenant legal clinic or Kefal Services office.
I was told I need to file a motion to stay in the home while doing this. What kind of motion. I just need to know exactly what to file. My condo was paid in full it was a property tax lien
answered on Jul 12, 2019
To get specific advice on a particular tax sale, you should promptly reach out to an attorney to discuss the specifics of your case, including where exactly it is in the tax sale process.
Tax sale foreclosures go through a process. Typically annual tax bills come out in July and all... 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.... Read more »
answered on May 22, 2019
There are steps between the taxes being due and a foreclosure sale, but those steps vary by jurisdiction. The short answer is that paying the taxes does not buy the title for you. Unless the actual title owners agree, it buys you nothing but a dubious claim for contribution, and that is limited if... Read more »
The private lender has charged me interest only on a mortgage loan. part of the loan was repayed in Sept 2018 and the balance principal was only supposed to be $7k. The lender and lawyer has been going back and forth with the amount that I owe - from 32k to 9k then to 14k and now I am ready to... Read more »
answered on Mar 11, 2019
You can check the registration status of your lender through NMLS (the Nationwide Multistate Licensing System / Nationwide Mortgage Licensing System and Registry). They maintain a consumer oriented website, here:
Note that not all types of lenders... Read more »
Seems to be to many roles and a conflict of interest, fraud or unethical. I read somewhere that only an attorney can prepare deeds of trusts.
answered on Mar 3, 2019
If the notary is applying for the loan, he cannot notarize his own signature. Almost all settlement agents are notaries. And, notaries can of course be a witness. That’s pretty much what a notary is: a witness to the authenticity of a signature. Maryland Law does require deeds and deeds of trust... Read more »
We're trying to understand the laws and process to determine the best way for me to live in the house and pay back the Money to my father. We are trying to avoid as many taxes and fees as possible.
answered on Feb 11, 2019
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 »
But are listed on the mortgage note, as the Lender. The loan has been sold and transferred several times. The latest one it was transferred or sold to is Ocwen Loan Servicing. They've had the loan twice.
answered on Jan 11, 2019
The beneficiary under a Deed of Trust IS the lender.
Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for... Read more »
The second trustee is not communicating with the family after helping herself to funds from the trust for her own use.
What can I do to redeem the property from the bank? Can I take over the loan and have the fees removed? Can I refinance although I'm not on the loan? The borrower has... Read more »
answered on Dec 28, 2018
Your facts are dripping in self-dealing and breach of fiduciary duties, and the claim that one trustee stole funds while the other stole the property are just oozing from your question. The notion that trust instructions give you the power to buy and sell does not mean that you can buy and sell to... Read more »
How long before the tenant must leave? I am in Maryland.
answered on Dec 7, 2018
As with many things legal "it depends." If the tenant is a "bona fide" tenant (not related to the owner who lost the house), they may get 90 days or they may get to ride out the current lease.
The rules for how long a tenant gets to stay under the terms of their... Read more »
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