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Maryland Foreclosure Questions & Answers
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.... Read 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... Read 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... Read 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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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Securities Law for Maryland on
Q: Can a settlement agent who signs a loan application also be the notary and witness on a deed of trust.

Seems to be to many roles and a conflict of interest, fraud or unethical. I read somewhere that only an attorney can prepare deeds of trusts.

Richard Sternberg
Richard Sternberg answered on Mar 3, 2019

If the notary is applying for the loan, he cannot notarize his own signature. Almost all settlement agents are notaries. And, notaries can of course be a witness. That’s pretty much what a notary is: a witness to the authenticity of a signature. Maryland Law does require deeds and deeds of trust... Read more »

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3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: My father recently purchased a single-Family home at auction. What is the best way for me to get a loan for 60% equity?

We're trying to understand the laws and process to determine the best way for me to live in the house and pay back the Money to my father. We are trying to avoid as many taxes and fees as possible.

Thomas C. Valkenet
Thomas C. Valkenet answered on Feb 11, 2019

The answer depends on who is asking. For instance, the best thing for your father is for you to obtain a loan and to pay him the full purchase price in exchange for a deed. He then walks away and you live in the house. The best thing for you might be an option to purchase, or a rent-to-own. These... Read more »

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1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Civil Rights for Maryland on
Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.

But are listed on the mortgage note, as the Lender. The loan has been sold and transferred several times. The latest one it was transferred or sold to is Ocwen Loan Servicing. They've had the loan twice.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 11, 2019

The beneficiary under a Deed of Trust IS the lender.

Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for...
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2 Answers | Asked in Real Estate Law, Foreclosure and Estate Planning for Maryland on
Q: I am a trustee on a property that's in pre foreclosure. I would like to buy the home. Trust doc says we can buy and sell

The second trustee is not communicating with the family after helping herself to funds from the trust for her own use.

What can I do to redeem the property from the bank? Can I take over the loan and have the fees removed? Can I refinance although I'm not on the loan? The borrower has... Read more »

Richard Sternberg
Richard Sternberg answered on Dec 28, 2018

Your facts are dripping in self-dealing and breach of fiduciary duties, and the claim that one trustee stole funds while the other stole the property are just oozing from your question. The notion that trust instructions give you the power to buy and sell does not mean that you can buy and sell to... Read more »

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1 Answer | Asked in Foreclosure and Landlord - Tenant for Maryland on
Q: My foreclosure auction was 4 days ago. I dont know if it sold. I have a tenant living there.

How long before the tenant must leave? I am in Maryland.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 7, 2018

As with many things legal "it depends." If the tenant is a "bona fide" tenant (not related to the owner who lost the house), they may get 90 days or they may get to ride out the current lease.

The rules for how long a tenant gets to stay under the terms of their...
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2 Answers | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Maryland on
Q: 3 payments behind on my 1st and 2nd mort & received letter from 1st stating loan mod denied, now what do I do? on SSDI

Do i have any other options? I heard I could do a debt in lieu of foreclosure by handing in my keys. HOW long do I have to do this before I have to move out. These loans were bought during the write off days of the mortgage bust and now I am at risk of losing my house because the new companies... Read more »

Mark Oakley
Mark Oakley answered on Nov 14, 2018

A deed in lieu of foreclosure simply means you hand over the keys and deed and move out, but you must first get in writing that the mortgage company releases you from personal liability on the remaining balance of the mortgage. You'll have to cut that deal with the first mortgage holder, and... Read more »

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1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Maryland on
Q: Is husband liable for a loan wife cosigned for her aunt?

Hello,

My wife and I live in Maryland. She cosigned on a loan for her Aunt, who lives in Florida, to help her buy a house. Could I be in anyway ultimately responsible for it?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 18, 2018

Maryland does not shift debt to a spouse, so if a husband never signs any loan documents he should not be personally responsible for the debt of his wife.

Whether or not any assets are at risk will depend how they are titled.

While not legal advice, I hope that this helps.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Maryland on
Q: Can the estate administrator complete a deed in lieu of foreclosure? Is an appraisal required?

My father owes $103,487 and the average home value is $108,000. No equity in the home. Heirs are unable to become the successor.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 15, 2018

If there is little or no equity in estate owned property and the lender is willing to accept a deed-in-lieu of foreclosure, then yes, a Personal Representative has authority to sign such a deed. Whether or not a deed in lieu can be done depends on the willingness of a lender.

Note that if...
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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Q: Is it illegal to pursue a tax delinquent property owner for the sale of their house if the foreclosure wasn't filed?

As a real estate investor, I target tax delinquent properties. those who are behind on their property taxes. From what I know there is a default time where the home owner goes behind on the property taxes and then I believe it goes to auction and you have to bid for them? I want to pursue the... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 27, 2018

You essentially ask about tax sales. Each county has different dates and specific process for the sales/bidding, but in Maryland if the taxes are ~6 months or so past due, the county holds an auction. The county will advertise the auction in advance. The property owner can pay up the taxes, in... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Maryland on
Q: I will be relocating. My house has not sold. What are other options to avoid forclosure.

I am trying to avoid forclosure. The house is now on the market and there has not been any interest. I do not want to be a landlord living in another state. But, I definitely do not want to property for forclose. What are other options in the State of Maryland.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on May 14, 2018

A house only goes into foreclosure if the mortgage isn't paid. As long as the owner pays the mortgage, foreclosure should not be a concern, regardless of where the owner lives.

Practically, though, if an owner doesn't have enough money to pay the mortgage if they move elsewhere,...
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