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When moving my mom into a Corcoran’s, we were promised an 8/31 move in. At lease signing on 8/29 we were told 8/31 is day of financial ownership not when we take possession, but we paid to be in the unit a day early. Money is not refunded because 8/31 is financial ownership. What is our recourse?
Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More
answered on Aug 31, 2024
An attorney cannot realistically analyze the state of a particular title without looking at the estate filings and the deed. That said, I'll try to give some general information below that might be helpful.
"Title" and "Deed" are generally interchangeable terms... View More
The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.
answered on Aug 28, 2024
As the trustee of this estate, your primary responsibility is to act in the best interests of the beneficiaries. While forfeiting land for debt might seem like a direct solution, it's generally not a feasible option. Forfeiture typically occurs due to illegal activity, not as a means of debt... View More
I own a property that was remodeled but the work was done without the proper work permits and an inspector came and posted a stop work notice on the property. Bringing the property up to code required a significant financial investment as the work that was done was extensive and it was almost... View More
answered on Aug 28, 2024
Anybody can sue anybody for anything, and the person being sued will have to defend. There are various means and legal theories to pierce the company veil and reach the owner, but they all depend on a set of facts that your post doesn’t detail. You want a whole dissertation on all the ways the... View More
I moved into my Baltimore County apartment 3 weeks ago and the sink was already partially backed up with a broken garbage disposal. I've made several different type of attempts to get the landlords to fix it, but they are taking their time. This has made the kitchen unusable for cooking as it... View More
answered on Aug 31, 2024
Maryland law requires that rental units be livable with essentials like heat and running water. Whether a backed up drain makes property unlivable or not would heavily depend on the circumstances. A single slow moving drain probably does not render property unlivable but if there were no working... View More
answered on Aug 31, 2024
Generally speaking co-owners can each freely transfer their interest in real property. However, if there are survivorship rights already in the deed a Will is ineffective to transfer to someone else (because it will go to the survivor in the deed and not be a part of the deceased person's... View More
Hi. We have an easement that was set up in the 1960’s that runs through our backyard to our neighbor's house which we believe was the original neighbor's only driveway to their home decades ago, so a necessity for their property. Now the easement acts as a second driveway for them... View More
answered on Jun 17, 2024
A common issue. A recorded easement may be extinguished by a new recording, executed by all. You may have claims for mis-use or over-burdening, but the recorded instrument grants the rights, whatever it says. The concept of "necessity" is irrelevant to a recorded easement. The neighbor... View More
answered on Jun 13, 2024
And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.
If no deed, simply refuse to accept it.
If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or... View More
Hello, I'm wondering if you can help with a problem we're having. We sold our house last year, and now 11 months later, we've received a letter in the mail stating that we owe $25,000 because of a building code violation on the property. The letter was from a title insurance company... View More
answered on May 22, 2024
The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."
We never let our clients sign this. It creates a duty... View More
answered on Apr 29, 2024
You would need to review your Condominium Association documents to see who is responsible for maintaining the pipes. It is either the Association or the owner of the unit.
The inspection turned up a variety of issues with the home. However, none of these issues are safety concerns. For example, even though the roof needs to be replaced in the next year or two, there are no immediate safety concerns. Under Maryland law, am I able to negotiate over minor issues or just... View More
answered on Apr 1, 2024
Do you have an agent? This is part of your contract, in the Property Inspection Addendum (I am also a broker). The addendum includes a tight schedule of notices and requests. Anything in the report is fair game.
answered on Apr 1, 2024
As a technical matter, yes. As a practical matter, why? The purpose of the Estate is to wind up, liquidate and distribute the assets of the decedent. It is not the business of the Estate to acquire assets. The PR will be closely scrutinized for this, and whether it is violative of their statutory... View More
There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?
answered on Mar 31, 2024
The answer with the least legal expense is to sell or gift your mother's half of the house to your wife. There will be transfer taxes, it may be a recognition event as to capital gains, and you will need to refinance. The alternative is to review the mortgage and find out if it has a due on... View More
answered on Mar 20, 2024
Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method,... View More
Are there any Additional License or Certification?
answered on Mar 2, 2024
I'd want to check your licensor and your business plan before rendering any opinion, but property management is one of the things real estate brokers are licensed to do. You don't say you are a broker, however, so you may merely be licensed as a sales person, that is, to be an agent for a... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More
answered on Feb 20, 2024
Possibly! It truly depends on your situation. There are plenty of free and low-cost legal resources around the Maryland area. I first suggest that you consider reaching out to Maryland Legal Aid. Additionally, the Maryland Court system has catalogued several free and low-cost legal services on... View More
What type of penalties might I face or right to back out at this point in the process?
answered on Feb 17, 2024
The obvious one is forfeiture of your earnest money deposit (EMD). It is possible you would be sued to specifically enforce the contract and force you to buy it, but that is a long expensive suit that will tie up the sale until it’s over and the seller would prefer to just sell their home—so... View More
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