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Maryland Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Maryland on
Q: Do I have any legal recourse against attorney who mishandled my case and can I file an appeal of Judge's Decision/Order?

I hired a foreclosure defense attorney who has been elusive, not responding timely to emails or phone calls. For several months I have been asking for a Statement of Charges against my initial paid retainer. I received an email demanding money without a breakdown of charges as requested. He has... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

File a fee dispute with either the Maryland State Bar Association or the local bar association for either Baltimore County or Baltimore City (if that is where the lawyer is located ot you are located), by going to the below link and identifying the correct fee dispute panel:... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Maryland on
Q: If add my father to the deed for my townhouse in MD, could that void the mortgage and let the bank take the house?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 29, 2023

Great question! In many situations, a new deed will trigger the "due on sale" clause in loan paperwork and require immediate repayment of the mortgage in full (for example if someone deeds all or part of their home or attempts to sell the house without paying off the loan).

A...
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1 Answer | Asked in Foreclosure for Maryland on
Q: Just found out the house I’m living in is going through foreclosure am I a bona fid tenant

I have been living with my grandma the house is in her husband name no blood to me at all I found out he has been taking my half but not paying his and the mortgage will I still be a bona fid tenant after it sells will I get a 90 day notice to leave still because he is not blood related to me and... View More

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

Unless you have a formal written lease and live in a separate unit with its own entrance in the property, you will not likely be treated as anything other than a member of the owner’s extended family. Regardless, you have a lot more than 90 days if the house has not yet been sold at a foreclosure... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

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?

Liu "Margaret" Yang
Liu "Margaret" Yang
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... View More

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2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

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?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

The general rule that mortgages are not assumable does not usually apply to situations where a spouse is getting a home. There is a specific federal law that allows a husband or wife to continue paying the mortgage in the ordinary course. To get more details you could contact an experienced... View More

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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Maryland on
Q: I need to get into my recently foreclosed house to get my belongings. Wife lives there. We are separated.

My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.

Timothy Denison
Timothy Denison
answered on Jun 28, 2023

Make a motion in your divorce case for leave to get your personal items.

1 Answer | Asked in Foreclosure for Maryland on
Q: Can a mortgage lender charge you lawyer fees when they want their late payment fees
Scott Scherr
Scott Scherr
answered on Mar 15, 2023

You need to review your loan agreement. It spells out what fees can be charged.

2 Answers | Asked in Foreclosure for Maryland on
Q: Hello,I have been living/renting my home for over 4 years with the understanding of ownership

But now is going to be auctioned In the upcoming months can I stop it and pay for it

Mark Oakley
Mark Oakley
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... View More

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1 Answer | Asked in Foreclosure for Maryland on
Q: My case was recently remanded fm federal district ct. to PG circuit ct. Do I need to file a motion to get a court date?

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"

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: Can I have a foreclosure that is closed/Inactive expunged?
Mark Oakley
Mark Oakley
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... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: Is it legal in MD to acquire a property via "subject to" instead of assuming a mortgage?

The owner would still have the mortgage in their name, but title would transfer to me and I would continue paying the original mortgage.

Richard Sternberg
Richard Sternberg
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.

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2 Answers | Asked in Bankruptcy and Foreclosure for Maryland on
Q: I want to try to keep my house from foreclosure, I am coming out of a Chapter 7 bankruptcy case in August 3.

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?

Diana Valle
Diana Valle
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.

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1 Answer | Asked in Foreclosure for Maryland on
Q: If auction on house been cancelled don’t they have to notify you if they want to auction it off again
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 13, 2020

Yes. Notice of the date of sale must be published in the newspaper for at least 3 weeks.

1 Answer | Asked in Foreclosure for Maryland on
Q: If you didn’t receive a letter in the mail stating that your house is going to auction can they auction it off
Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Foreclosure for Maryland on
Q: Can they auction off your home without sending out a letter or any type of notification
Mark Oakley
Mark Oakley
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.

1 Answer | Asked in Foreclosure for Maryland on
Q: Should a home owner get a letter stating when and where they are going to auction your home before they can
Mark Oakley
Mark Oakley
answered on Jun 22, 2020

Yes. If you are on the title, you are entitled to notice of all proceedings.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Maryland on
Q: I have a stay of eviction until April 14, 2020. But, Wells Fargo turned off the electricity and I don't know what to do.

Is that a form of self help eviction? What can I do about willful diminution of services?

Richard Sternberg
Richard Sternberg
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.

1 Answer | Asked in Foreclosure for Maryland on
Q: Hi I got a letter foreclosing on tax lien last Friday What exactly do I need to file fore a special appearance?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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4 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: Great grandmother's property going into lien foreclosure in 2 wks. If I pay taxes, can I sell the property.

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.... View More

Richard Sternberg
Richard Sternberg
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... View More

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1 Answer | Asked in Consumer Law and Foreclosure for Maryland on
Q: I don't think my private mortgage lender was licensed in the state of Maryland, how would I find out and what should I o

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... View More

Adam Savett
Adam Savett
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:

http://www.nmlsconsumeraccess.org/

Note that not all types of lenders...
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