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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: My mortgage company did a modification on my mortgage. They gave me a 3 month trail period. That was about 7 months ago.

They are saying they can't complete the modification because it is showing I have another mortgage on the title from 2007,and I need to supply them with a copy of it.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

There doesn't seem to be a question in this post.

If an old mortgage is paid off but not showing as "released" in the Land Records it would be necessary to straighten that out. Lenders should mail something called a Certificate of Satisfaction or Release once a loan is paid off...
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2 Answers | Asked in Real Estate Law and Banking for Maryland on
Q: Does the buyer's bank have an obligation to complete their actions on a home sale in a certain period of time?

I'm selling my home in Allegheny County and buying another close by on a contingency of selling my house. The purchase of the new house has gone without a hitch. The sale of my current home however has been difficult. Buyer took a lot of time getting final documentation to her bank. Now her... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 13, 2019

You have no privity with the buyer's bank, and they have no duty to you. Indeed, they have a duty of confidentiality with their customer, such that they should not tell you if the real problem here is the buyer. Your contract with the buyer controls your relationship. The buyer's contract with the... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Is an AirBNB advertised as a party house legal in a residential townhouse community in Gaithersburg, MD?

Often there a more than 20 people in the house. They violate our parking regulations. Trash our common areas and are disruptive as they come and go any time day or night.

Richard Sternberg
Richard Sternberg answered on Nov 3, 2019

I just assume you haven't bothered reading your HOA regulations and Covenants and Bylaws, if any. Why don't you start there.

2 Answers | Asked in Real Estate Law for Maryland on
Q: In MD can I be on a sale contract for a home if I’m not taking out the mortgage or can I only be on the deed and title?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 28, 2019

The sales contract will usually match the deed. In other words, whoever is going to acquire the property should be identified. Sometimes acontract purchaser will just list their name "and/or assigns" as buyer so they can assign their interest to someone else. But typically if 2 people are... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I be sued for $19000 because the basement gets water in it sometimes?

Sold my home “as is” and now I’m being sued by the buyers because when it rains hard water comes into the basement.

Richard Sternberg
Richard Sternberg answered on Oct 24, 2019

Yes, you can be sued. Indeed, you know that because apparently. You have been sued. If you knew and concealed a latent defect. You can also lose, potentially with treble damages, punitive damages, costs, and attorneys’ fees, depending on where. You need a lawyer now.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Does title insurance cover improperly subdivision Issues with the county on a piece of property.
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 18, 2019

It may. But the specific facts of your transaction are essential to any lawyer giving you a coverage determination. How you frame your title policy claim is important, as an improperly worded demand for coverage could result in a denial that is tough to overcome. If you are in active litigation,... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Is it unlawful in MD to keep a deposit on an "as is" property sale if you fail to disclose a known structural defect?
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 15, 2019

Perhaps, it depends on all the circumstances and the reason for termination of the contract. Of course, whether it is legal or not really depends on the willingness to pursue recover. Your standard MAR contract has mandatory mediation within the first year. And you must also consider the broker... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My home was foreclosed in july 2019. The home was owned by me and a co-owner. The deed was titled as tenants in common.

A few years after purchasing the home an individual who had a judgement against the co-owner n another county in maryland, came to the county where the home was owned and attched the judgement. The home was sold by the bank for a $150,000 profit.

Am i entitled to half of that money since... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 3, 2019

If you mean that the foreclosing bank generated a surplus from the subsequent sale out of foreclosure, then you must make claim for the surplus that has been deposited with the tax collector. Your co-owner may also make a claim, and the two of you may negotiate, agree or fight over the split. The... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Under Maryland law if my condo is vacant (5 yrs) and I have told the HOA, can I still be charged for a common meter?

I thought that if notified the HOA would exempt you from the common electrical meter. I own a condo in 6 - 8 unit building with a common electrical meter. I notified the HOA that the condo would be vacant while working out of the State, so my usage has been zero for over 5 years. The unit has... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 24, 2019

The answer almost surely follows your declarations and the democratic decisions of the elected board. Start by reading those documents.

2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it legal for five members of a nine member Board to meet (or email) to plan & agree on action at the next Board meet.

Is it legal for the Five to do this without including the community (aka public) and the remaining four Board members (who happen to be the officers of the Board)

Joseph D. Allen
Joseph D. Allen answered on Sep 17, 2019

The answer will depend on what kind of board is in question- government or private company/non-profit. And then if it is governmental, it will depend on the laws governing that particular board- in addition to the Maryland Open Meetings Act. If private, it will depend on the bylaws or other... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does the buyer under contract following an inspection have a right to recind their offer completely?

Buyer not given the right of repair.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 17, 2019

This all depends on the specific contract and the specific contract language. There is no one size fits all answer.

You are encouraged to seek legal advice if you have a question about the rights or obligations of parties under a particular contract.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can attorney charge $300 collection and attorney fees for $180 of HOA owed in Maryland?

I was out of the state temporarily and at which I missed 2 quarter HOA payment for January and April 2019 fees at $90 each for a total of $180. Upon returning in June, I found out I have mails about my delinquent account. I immediately tried to resolved it following up with the HOA management... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 23, 2019

Typically HOA documents say that homeowners will pay costs of collection, including reasonable attorney fees, for any past due accounts.

Maryland's Rules of Professional Conduct for attorneys requires that attorneys fees be reasonable based on the time and labor and complexity involved....
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1 Answer | Asked in Real Estate Law for Maryland on
Q: In Cecil Cty, MD, am I able to file a contribution claim against my ex-husband regarding a home deficiency that I paid?

My ex-husband and I owned a house in Cecil County, MD, which eventually foreclosed due to him leaving the residence leaving me unable to pay the mortgage on my own. About 5 yrs ago a deficiency judgement was entered against both of us, but I wound up paying it solely on my own. I'd like to go... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 12, 2019

I suspect you have a statute of limitations problem, but you may want to review the facts with a lawyer in a sit-down consult. There may be an applicable exception.

3 Answers | Asked in Real Estate Law for Maryland on
Q: My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years.

My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years. Is she entitled to any proceeds from sale? He doesn't want to sell and has made her a super low ball cash offer to get her off of the deed. What are her rights? Can the court force a... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 8, 2019

Your mother-in-law needs to speak with a lawyer before making any deals. Where she resided for the past 20 years has no bearing on title to the house. If title was not resolved at the time of the divorce and the house was owned by the marriage, she probably owns half of it. Her ex can claim her... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Current tenant of home that is for sale. Surveillance video was recorded of real estate agent going through belongings.

I entered into a lease last month for my current home. The home is currently listed for sale. During a showing of the home, surveillance video captured the owner of the real estate company and acting agent, allowing a client to go through my personal belongings. What can be done about the... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 8, 2019

It might be interesting to see the video to determine how egregious the invasion was. The bottom line is that you will almost certainly be limited to the actual damages you experienced due to the trespass to your property. I suspect that would be zero, but an interview might uncover something. If... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: Since I owe a large sum on my house; when I die, can my adult children just 'give the keys' to the mortgage company ?

I hope my adult children would not have to pay off my house

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 30, 2019

Good question. Heirs do not have to personally pay off any debts of a deceased relative. The Personal Representative ("PR") is appointed to deal with the assets and debts of the person who died and must pay off debts from the deceased person's assets.

Three options usually exist when...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: I am in MD state. If i break my lease am i responsible for the remaining balance of rent if a tenant is in the appartmen
Rolanzo Richard White
Rolanzo Richard White answered on Jul 25, 2019

It will depend on your lease but you will most likely be responsible for a penalty for breaking the lease. Often, tenants are responsible for the remainder of the lease.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does 3-101 require a Memorandum of option if the tenant has only occupied the property for 5 years?

3-101 (c) seems to suggest that an exception to the requirement is made to tenants with leases shorter than a 7-year period and the renewals are shorter than a 7-year period.

3-101(f) 2 seems to suggest that if 3-101 (c) is sound, then the Memorandum of Option isn't required. Am I reading... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jul 24, 2019

It's not clear from the question what the issue is. R.P. 301 simply mandates that deeds to real property and leases over 7 years have to be executed and recorded in order to be effective. 301(f) extends that requirement to executing and recording options to buy, and gives the alternative means of... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: My mother gave me my grandmothers house , which was uninhabitable . I remodeled it, and now she is selling it.

I found out from an email I was sent from an interested buyer. In the beginning (2010) My mom and I agreed that I would at least Get the money I put into it if she sells the house. Can I put a lien on the property to get the money I’m due?

Mark Oakley
Mark Oakley answered on Jul 22, 2019

You need to memorialize your agreement in writing and put the dollar figure you want to be paid in the agreement and how you’re to be paid (at closing, by direct check from settlement). Filing a lien may be unnecessary and costly. Have a lawyer draft the agreement. If your mother won’t sign,... Read more »

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2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on
Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 12, 2019

Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.

In response to the actual question posted, however, "how can one interpret Md...
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