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Maryland Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

Richard Sternberg
Richard Sternberg
answered on Mar 25, 2025

Your question leads to many projected answers, but mostly to more questions. It is plausible that they have interpreted the HOA rules wrong after 27 years, or that you have rights from a prior version of the same rules. There are adverse possession issues, unless the claim is undercut by missing... View More

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Obviously, you would like to leave the fence where it is.

First, you need to look at your HOA governing documents and covenants filed in the land records, or better, have a lawyer do so, and review issues relating to the right to claim adverse possession over common community property of...
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3 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2025

Have you considered the effect of losing the income tax benefit of stepped up basis before worrying about the exemption code for the recordation tax? You really need to consult a lawyer or, at least, a CPA, to determine whether you are exempt from all taxes. You might be, but your focus on a... View More

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3 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

Deeds in Maryland usually trigger state transfer, recordation and county transfer taxes. The Maryland Annotated Code, Tax Property article, section 12-108 lists exemptions from state transfer tax. Exemptions from recordation tax are listed in 13-207. County transfer tax exemptions vary... View More

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3 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Mark Oakley
Mark Oakley
answered on Mar 25, 2025

I agree with the other two answers. I am adding this additional response so that you can undertand some of the tax consequences and reconsider what you are doing so as to avoid those extra taxes.

When a person sells their property during their lifetime, they may realize a capital gain,...
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3 Answers | Asked in International Law, Real Estate Law, Gov & Administrative Law and Probate for Maryland on
Q: Distribution of Bangladeshi property and bank accounts for US citizen father's estate with minor US citizen children involved.

My father was a Bangladeshi citizen by birth but later became a US citizen through naturalization. He passed away in the USA and left behind real estate, land properties, and bank accounts in Bangladesh. He has minor children who are US citizens. There is no will, and legal proceedings have been... View More

Mark Oakley
Mark Oakley
answered on Mar 22, 2025

His overseas assets will be distributed according to the law of the country where those assets are located. Therefore, you will need to locate a lawyer in that country and open an estate there to pass ownership to his children, assuming that is who inherits under the laws of Bangladesh.

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1 Answer | Asked in Civil Litigation, Personal Injury and Real Estate Law for Maryland on
Q: Amazon truck damaged my driveway; received inadequate settlement offer and no response.

Amazon's delivery truck damaged my driveway and lawn on January 31, 2025, causing deep ruts in the gravel and grass. Despite submitting the requested information, I have been ignored during my follow-ups for updates. They finally offered a settlement which I find insulting, as it covers only... View More

Richard Sternberg
Richard Sternberg
answered on Mar 20, 2025

The problem is that legal effort to help you will inevitably cost more than you will gain. I suppose a lawyer might teach you how to file a small claim in District Court, but that might take a couple hours, and the lawyer would want to be paid. It is also possible that your homeowner's... View More

3 Answers | Asked in Divorce, Real Estate Law and Contracts for Maryland on
Q: Divorce and house buyout: future sale costs in Maryland

In a Maryland divorce case, my spouse and I jointly own a home. My spouse is keeping the house and buying me out. Their attorney is proposing that the potential future cost of sale be divided in half and subtracted from my buyout portion. We have no terms in our divorce agreement or prior... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 20, 2025

Hopefully an agreement will be very clear about the buyout (e.g., A will pay B $X or 1/2 of appraised value less mortgage or whatever it might be). Any questions about a specific agreement are best posed to the counsel who helped draft that agreement, and your specific wording may lead to a... View More

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3 Answers | Asked in Divorce, Real Estate Law and Contracts for Maryland on
Q: Divorce and house buyout: future sale costs in Maryland

In a Maryland divorce case, my spouse and I jointly own a home. My spouse is keeping the house and buying me out. Their attorney is proposing that the potential future cost of sale be divided in half and subtracted from my buyout portion. We have no terms in our divorce agreement or prior... View More

Mark Oakley
Mark Oakley
answered on Mar 25, 2025

Your agreement should spell out any deductions. If the language does not provide for spitting the hypothetical costs of sale to a third party, then you should not assume that such a deduction is required; in fact, it could very well be the opposite. Take your marital property agreement to your... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: Need correct Maryland annotated code for $0 consideration Quitclaim deed transfer to LLC.

I am creating a Quitclaim deed for property in Worcester County, Maryland. The property has no mortgage, and I'm transferring the deed from my husband and me to our LLC, where we are equal members. I have prepared the deed with $0 consideration. The Worcester County Tax Specialist advised me... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 19, 2025

While deeds are not terribly complex, tax exempt deeds often have very exacting requirements. Our law firm regularly assists with exempt transfers to LLCs in MD so we're quite familiar with this.

Md. Ann Code, Tax Property Sect. 12-108 is the correct statute, but subsection (y) deals...
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1 Answer | Asked in Business Law, Real Estate Law, Landlord - Tenant and Civil Litigation for Maryland on
Q: Is the landlord responsible for water damage repairs and cleanup in MD?

I am renting a unit in a commercial building in Maryland for my business and have experienced significant water damage due to a leaking roof. We have been notifying the property managers through email for several months, but their responses are only about attempts to fix the roof without addressing... View More

Richard Sternberg
Richard Sternberg
answered on Mar 6, 2025

You need to retain counsel for a lease review. Commercial leases are not controlled by consumer rental laws. The lease is usually binding, but commercial leases are often longer and complex. You need to know what your lease says, and you should have had counsel review before you signed it. That... View More

2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 3, 2025

You omit key facts that would permit any opinion. For example, was property acquired in your name improperly? Or was property already owned by you fraudulently transferred by another using your name? And do you know any of the participants in the transactions, personally? This is a complex ball of... View More

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2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Fraud of any kind may be a criminal offense. If you were not involved in any way with the property or the LLC, and this is a complete stranger to you who perpetrated these acts, then you should be contacting the police in the jurisdiction where the property was located or where you believe the... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Buyer for my home dropped out and won't release the earnest money

He had a loan proof and then on settlement day he said the loan was not approved. I have paid alot of money to move out and have the home ready for the new buyer and now its vacant and I'm in limbo waiting for the house to sell. I had to move in with my daughter while my belongings are all in... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 22, 2025

Your question says you are in WVA. If this is a Maryland property, with the standard MAR contracts, you have a direct route to resolution via mandatory mediation followed by a lawsuit for any decrease in price, plus your extra carrying charges. But only a lawyer who reviews your documents and... View More

1 Answer | Asked in Contracts, Real Estate Law and Collections for Maryland on
Q: Need Assistance Negotiating Repayment Terms for Condo Fees

I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: Property buyer removed and changed purchase terms and will not resubmit them as requested by seller

Buyer denied seller of property original negotiated terms and details an inserted the new provisions in the final closing purchase contract

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Offer and Acceptance. That's the law. If you offered the buyer a contract on specific terms, and the buyer responded with a contract with different or altered terms, then the buyer is deemed to have rejected your offered terms of sale, and has countered you with a new offer. The ball is not... View More

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: What are the possible damages I can pursue for an Illegal Eviction?

I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Do you all prepare legal deeds? I want to assume the loan to my late father's home and need a drafted deed
Mark Oakley
Mark Oakley
answered on Nov 11, 2024

The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: In Maryland, under contract to sell, do not want to give title company my social security number. what to do?

I understand that the sale must be reported to the irs. However filing instructions for the 1099s state several options of responsible parties to file it, this includes myself. What regulation/law requires it to be the title company? Also on that note while I understand the buyer has the right... View More

Richard Sternberg
Richard Sternberg
answered on Nov 2, 2024

The title company is required to report funds sent to you to the IRS based on your social security number. If you don't give them it, you cannot sell, and you will just have to pay the damages for breaching the contract to the buyer and the brokers. Then, you should ask them for their social... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 22, 2024

As a married couple, I assume you held the deed as "tenants by entireties." Upon his passing, you became sole owner (there was nothing for the mortgage company to "confirm," it just happened). You can sell it, any time. The mortgage remains a lien and must be paid off at... View More

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