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Maryland Foreclosure Questions & Answers
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.

View More Answers

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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