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I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

answered on Mar 25, 2025
Your question leads to many projected answers, but mostly to more questions. It is plausible that they have interpreted the HOA rules wrong after 27 years, or that you have rights from a prior version of the same rules. There are adverse possession issues, unless the claim is undercut by missing... View More
I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

answered on Mar 24, 2025
Have you considered the effect of losing the income tax benefit of stepped up basis before worrying about the exemption code for the recordation tax? You really need to consult a lawyer or, at least, a CPA, to determine whether you are exempt from all taxes. You might be, but your focus on a... View More
My father was a Bangladeshi citizen by birth but later became a US citizen through naturalization. He passed away in the USA and left behind real estate, land properties, and bank accounts in Bangladesh. He has minor children who are US citizens. There is no will, and legal proceedings have been... View More

answered on Mar 22, 2025
His overseas assets will be distributed according to the law of the country where those assets are located. Therefore, you will need to locate a lawyer in that country and open an estate there to pass ownership to his children, assuming that is who inherits under the laws of Bangladesh.
Amazon's delivery truck damaged my driveway and lawn on January 31, 2025, causing deep ruts in the gravel and grass. Despite submitting the requested information, I have been ignored during my follow-ups for updates. They finally offered a settlement which I find insulting, as it covers only... View More

answered on Mar 20, 2025
The problem is that legal effort to help you will inevitably cost more than you will gain. I suppose a lawyer might teach you how to file a small claim in District Court, but that might take a couple hours, and the lawyer would want to be paid. It is also possible that your homeowner's... View More
In a Maryland divorce case, my spouse and I jointly own a home. My spouse is keeping the house and buying me out. Their attorney is proposing that the potential future cost of sale be divided in half and subtracted from my buyout portion. We have no terms in our divorce agreement or prior... View More

answered on Mar 20, 2025
Hopefully an agreement will be very clear about the buyout (e.g., A will pay B $X or 1/2 of appraised value less mortgage or whatever it might be). Any questions about a specific agreement are best posed to the counsel who helped draft that agreement, and your specific wording may lead to a... View More
I am creating a Quitclaim deed for property in Worcester County, Maryland. The property has no mortgage, and I'm transferring the deed from my husband and me to our LLC, where we are equal members. I have prepared the deed with $0 consideration. The Worcester County Tax Specialist advised me... View More

answered on Mar 19, 2025
While deeds are not terribly complex, tax exempt deeds often have very exacting requirements. Our law firm regularly assists with exempt transfers to LLCs in MD so we're quite familiar with this.
Md. Ann Code, Tax Property Sect. 12-108 is the correct statute, but subsection (y) deals... View More
I live in a quiet community of homes adjacent to a farm in Maryland where dirt bikes and ATVs are ridden several times a week, causing significant noise disturbances. Additionally, firearms are being discharged at all hours of the night and day. All the neighbors are concerned, and we've... View More
I bought a house in Maryland where the HOA is acknowledged in our contract, but the CC&Rs were never registered. We have 10 homeowners, 9 of whom have signed the acknowledgment, and we've voted in a board, but there are no enforceable rules. We've attempted to establish rules, but one... View More
I am renting a unit in a commercial building in Maryland for my business and have experienced significant water damage due to a leaking roof. We have been notifying the property managers through email for several months, but their responses are only about attempts to fix the roof without addressing... View More

answered on Mar 6, 2025
You need to retain counsel for a lease review. Commercial leases are not controlled by consumer rental laws. The lease is usually binding, but commercial leases are often longer and complex. You need to know what your lease says, and you should have had counsel review before you signed it. That... View More
I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

answered on Mar 3, 2025
You omit key facts that would permit any opinion. For example, was property acquired in your name improperly? Or was property already owned by you fraudulently transferred by another using your name? And do you know any of the participants in the transactions, personally? This is a complex ball of... View More
I am considering purchasing a property that shares a common easement for maintenance, parking, walking, and other activities with an adjacent property built between 1996 and 1999. The previous owner agreed to the terms of this easement with the county records maintaining it. However, the current... View More

answered on Mar 5, 2025
All is possible, with the express agreement of all having rights in the easement. Consider the ill effects on the other property without benefit of the easements. But easements are extinguished by agreement (and payment of money) all the time.
He had a loan proof and then on settlement day he said the loan was not approved. I have paid alot of money to move out and have the home ready for the new buyer and now its vacant and I'm in limbo waiting for the house to sell. I had to move in with my daughter while my belongings are all in... View More

answered on Jan 22, 2025
Your question says you are in WVA. If this is a Maryland property, with the standard MAR contracts, you have a direct route to resolution via mandatory mediation followed by a lawsuit for any decrease in price, plus your extra carrying charges. But only a lawyer who reviews your documents and... View More
Buyer denied seller of property original negotiated terms and details an inserted the new provisions in the final closing purchase contract

answered on Jan 10, 2025
Offer and Acceptance. That's the law. If you offered the buyer a contract on specific terms, and the buyer responded with a contract with different or altered terms, then the buyer is deemed to have rejected your offered terms of sale, and has countered you with a new offer. The ball is not... View More
I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More

answered on Jan 10, 2025
Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More
I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

answered on Jan 11, 2025
It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More
I already rented out my home and now the mortgage company only approved me to not occupy for 6 months but I signed a 12 month lease with a tenant.
The mortgage company wants a copy of my lease but I am afraid that they will accelerate the loan if I show them it’s a 12 month lease.... View More

answered on Dec 27, 2024
I can't speak to the mortgage company issue, as I don't handle that area of law. As to whether you can make the Tenant move out early: the simple answer is no.
You can negotiate with the Tenant, but as long as the Tenant is keeping to the terms and conditions of the lease, they... View More

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
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