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Maryland Foreclosure Questions & Answers
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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3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: My mother died with a reverse mortgage and deed her home to me and my brothers. Are we responsible for the mortgage?
Richard Sternberg
Richard Sternberg
answered on Feb 5, 2018

I thought I answered this a few hours ago. The law had not changed since 5:00 pm as far as I know.

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3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: My mother died with a reverse mortgage and deed her home to me and my brothers. Are we responsible for the mortgage?
Richard Sternberg
Richard Sternberg
answered on Feb 5, 2018

I thought I answered this a few hours ago. The law had not changed since 5:00 pm as far as I know.

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1 Answer | Asked in Foreclosure for Maryland on
Q: I need to know if we are liable for my mother's mortgage.

When she was diagnosed with Alzheimers a lawyer advised us to change her house to the children's names even though she had a mortgage so that if she was put in a nursing home they could not take it. She has since passed and the home was foreclosed on. The sale of the home did not cover all... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 18, 2017

Generally speaking only the borrower(s) who signed is/are personally responsible for debt, although obviously the lienholder / mortgage company has rights to take back the property if the loan isn't paid. At times, however, relatives "assume" a mortgage, in which case they step in... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for Maryland on
Q: I purchased a foreclosed home at auction. I found that someone lives there. How do I evict them?

I do not know who lives there, whether they were renting from previous owner or they were the previous owners.

Brian Xavier Pendergraft
Brian Xavier Pendergraft
answered on Apr 23, 2017

You can still evict them. I would first attempt to evict "the owner and all occupants" using a forcible/entry and detainer action. If the person living on the property ends up being the former owner then congratulations! If the person living on the property is not the former owner,... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for Maryland on
Q: Can a landlord collect rent on a property that is being foreclosed on???
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 28, 2017

Yes, generally the owner of the property can continue to use the property or rent it out until it is sold at foreclosure. The law gives certain rights to a tenant under a bona fide lease - if the bank buys back the property a tenant may have the right to continuing living there and paying rent to... Read more »

1 Answer | Asked in Foreclosure for Maryland on
Q: can you sell your home before foreclosure as of dec 8th will start , have buyer for home was getting modification ?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

Until the foreclosure sale, the owner can attempt to sell. Of course, the sale is subject tot he costs and expense of the mortgage. But it remains the best option for realizing full value. But since foreclosure cases are public records, many know that the auction sale will be less expensive.

1 Answer | Asked in Foreclosure for Maryland on
Q: What’s the foreclosure process in the event of the death of the mortgagee?

my father passed away as the mortgagee i am listed as a tenant in common and we are paying the mortgage currently however that situation could change

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

The Personal Representative of the Estate stands in your father's shoes. If no estate was opened, it is likely the mortgage company will force the opening of the Estate. You would need to open the estate, anyway, in order to inherit his interest.

1 Answer | Asked in Foreclosure for Maryland on
Q: How long do banks have to do a recordation after foreclosure in md
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

What do you mean by "recordation?" At some point, the Trustee that conducted the foreclosure may deed the property to either the bank or a third-party purchaser.

1 Answer | Asked in Foreclosure for Maryland on
Q: Hi, Can you please explain who is a Substitute Trustee?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

When a mortgage or "Deed of Trust" gets filed, it lists the name of an attorney who acts as "Trustee," basically this person holds the rights to sell the property if the borrower doesn't pay. The right lasts for so long as the mortgage debt remains but the Trustee can be... Read more »

1 Answer | Asked in Foreclosure for Maryland on
Q: HiAre foreclosures handled in Circuit or District court? Thank you.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

Circuit Court.

1 Answer | Asked in Foreclosure for Maryland on
Q: When a home is foreclosed, what is the official date of sale?? We have conflicting answers.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

There are two key dates: first the date of the auction and second the date when the judge approves or "ratifies" the sale. While the new owner "buys" at the auction (and must tender the deposit on that date), the sale isn't finalized until the ratification.

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