Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2025

It is possible that the lender might report a parcel you own has been foreclosed upon, which is going to be true. However if you did not sign a note or a deed of trust, then you did not borrow money from the lender and owe them nothing. If your credit report says anything about a delinquency on... View More

You will not be personally liable on the mortgage, but the mortgage still has to be paid or the lender can foreclose, sell the property at auction, and the first proceeds received will be applied to your tax lien interest because it has priority over the mortgage balance due. I cannot answer as to... View More

Liens have different "priority" depending on the circumstances and what you're asking is basically a question of priority. Tax liens generally have priority IF all proper procedures are followed in the tax sale foreclosure case. However, merely purchasing at tax sale in Maryland... View More

Your obligation is to maximize the value of the estate and secure estate assets for the benefit of the heirs. Since the house is worth less than what is owed on the secured debt against it, the house has zero value to the estate or the heirs. If the foreclosing lender has no intention of seeking... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

Your situation with the home loan modification sounds deeply frustrating, especially after your family's compliance with all requirements while grieving your father's loss. You might consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) which oversees mortgage... View More

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

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

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... View More

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

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

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

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

“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

Leonard R. Boyer 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

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

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.

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.

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

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... View More

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.