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answered on Nov 11, 2024
The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More
I understand that the sale must be reported to the irs. However filing instructions for the 1099s state several options of responsible parties to file it, this includes myself. What regulation/law requires it to be the title company? Also on that note while I understand the buyer has the right... View More
answered on Nov 2, 2024
The title company is required to report funds sent to you to the IRS based on your social security number. If you don't give them it, you cannot sell, and you will just have to pay the damages for breaching the contract to the buyer and the brokers. Then, you should ask them for their social... View More
Hello I gave a 60 day notice to my rental office that I would vacate my unit on October 31, 2024. I moved my things out on Sunday October 27th, 2024 and left the keys in the drop box because I am moving over an hour away and it would be a hassle to return them this week. Yesterday as I was... View More
answered on Nov 1, 2024
Not really. Once you turned back possession of the premises, they were legally entitled to come in and dispose of anything remaining. The Landlord would generally be protected in this type of situation.
I have been confirmed as the Successor in Interest by the mortgage company.
We did not have a will when my husband passed. Could you explain what I need to do in order to
sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More
answered on Oct 22, 2024
As a married couple, I assume you held the deed as "tenants by entireties." Upon his passing, you became sole owner (there was nothing for the mortgage company to "confirm," it just happened). You can sell it, any time. The mortgage remains a lien and must be paid off at... View More
How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land. I sold the land to my company and later sold my company and the vacant land was apart of that transaction. The person who filed the complaint never put any money and has never paid any... View More
answered on Oct 16, 2024
The only way a person can file a sale in lieu of partition suit is if they are on the deed to the property, or if they have a legal agreement assigning them an interest in the property signed by the person named on the deed; however, if the latter is the case, and the agreement was never recorded... View More
answered on Sep 29, 2024
From the date of judgment, interest accrues at the statutory legal rate on the principal judgment amount at 10% per annum, simple interest (meaning, you cannot charge interest on the unpaid accrued interest). Simply multiply the judgment awarded by 0.10, then divide by 365 to get the daily rate.... View More
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
answered on Sep 20, 2024
Yes. And this is most often something your real estate agent obtains. Most HOA's have a "resale package" that must be requested by the Seller, at a fee of $50-$200. The HOA then compiles its records, including open violations, and the package is delivered to the buyer within the... 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
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