Maryland Real Estate Law Questions & Answers
Q: My HELOC was transferred. Does the assignment of deed of trust have to be recorded, and who bears responsibility ?
Thomas C. Valkenet's answer
Not in Maryland. But to protect the borrower, you are credited with all payments to the former holder/servicer until and unless you receive notice of the new beneficiary/note-holder.
Not in Maryland. But to protect the borrower, you are credited with all payments to the former holder/servicer until and unless you receive notice of the new beneficiary/note-holder.
Q: I own a timeshare with my mother, who is now deceased. How can I get her name off the deed?
Richard Sternberg's answer
You can make the change once appointed Personal Representative of her estate. You may need to open a subsidiary probate in Florida to do the closing if it is a fee simple interest rather than a cooperative.
You can make the change once appointed Personal Representative of her estate. You may need to open a subsidiary probate in Florida to do the closing if it is a fee simple interest rather than a cooperative.
Q: We are on Septic, "Will we be able to sell our house?" - drain field is not on our property.
Richard Sternberg's answer
You should start with a title search of the property where the septic tank or field is located to make sure you have an enforceable easement that runs with the land. You may then want an engineering, environmental study. If anything doesn’t clear, you need to review your title insurance policy. What you plainly cannot do is conceal or fail to disclose during a sale.
You should start with a title search of the property where the septic tank or field is located to make sure you have an enforceable easement that runs with the land. You may then want an engineering, environmental study. If anything doesn’t clear, you need to review your title insurance policy. What you plainly cannot do is conceal or fail to disclose during a sale.
Q: Can a settlement agent who signs a loan application also be the notary and witness on a deed of trust.
3 Answers
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Consumer Law, Foreclosure, Real Estate Law and Securities Law
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Maryland
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Answered on Mar 3, 2019
Answered on Mar 3, 2019
Richard Sternberg's answer
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 to be prepared under the supervision of a lawyer, but there is a loophole that you could sail a battleship through. If you doubt the enforceability of your deed of trust, you can ask a Maryland lawyer...
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 to be prepared under the supervision of a lawyer, but there is a loophole that you could sail a battleship through. If you doubt the enforceability of your deed of trust, you can ask a Maryland lawyer...
Q: What are my rights to appointing a walkthrough at the end of the lease? Maryland state
Richard Sternberg's answer
I'm not sure what you mean by "appointing…". I'm going to assume that you mean "make an appointment for…". You aren't required to make an appointment for a walk-through unless your lease gives you that duty. A lawyer's review of the lease might be worthwhile. But, either way, you want to attend the walk-through to be certain that the landlord isn't going to charge damages against your security deposit for things you didn't damage. If you aren't there, the landlord could -- honestly or...
I'm not sure what you mean by "appointing…". I'm going to assume that you mean "make an appointment for…". You aren't required to make an appointment for a walk-through unless your lease gives you that duty. A lawyer's review of the lease might be worthwhile. But, either way, you want to attend the walk-through to be certain that the landlord isn't going to charge damages against your security deposit for things you didn't damage. If you aren't there, the landlord could -- honestly or...
Q: My bank account has been levied. Can they take all of my money out ? or is there a certain amount that can be taken ?
Richard Sternberg's answer
If it is a levy, that usually freezes the entire account until the parties return to court to condemn the funds. It is not uncommon for the bank to terminate its relationship with the customer after the levy is paid. It is often convenient to negotiate payment of the debt to free up some of the funds if they are not all owed or to maintain a relationship with the bank.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we...
If it is a levy, that usually freezes the entire account until the parties return to court to condemn the funds. It is not uncommon for the bank to terminate its relationship with the customer after the levy is paid. It is often convenient to negotiate payment of the debt to free up some of the funds if they are not all owed or to maintain a relationship with the bank.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we...
Q: Hi, i,m not sure what the future holds for me. My mother and i purchased a condo in 2002. My cousins name was on deed
Richard Sternberg's answer
You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful now. A careful examination of title might help. Perhaps your interest in half the property has already matured, and perhaps a better strategy can be developed. It will not be free.
You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful now. A careful examination of title might help. Perhaps your interest in half the property has already matured, and perhaps a better strategy can be developed. It will not be free.
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?
Thomas C. Valkenet's answer
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 are tricky documents to write, and it means your father is waiting for his money while the property is locked up in your recorded option for possibly years. Whatever lawyer you bring this to will have...
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 are tricky documents to write, and it means your father is waiting for his money while the property is locked up in your recorded option for possibly years. Whatever lawyer you bring this to will have...
Q: I have satisfied the amount stated in a court case ? Why won’t the other party ask for the case to be dismissed?
1 Answer
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Consumer Law, Real Estate Law and Landlord - Tenant
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Maryland
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Answered on Feb 10, 2019
Answered on Feb 10, 2019
Richard Sternberg's answer
I cannot determine whether your inquiry is from Virginia or Maryland, but, in Maryland, there is a specific rule requiring the filing of a paid & satisfied line when judgment is paid. I haven't researched it in quite a while, but there may be available awards including attorneys fees for failure to comply. Filing the P&S Line costs about $15, and pro se parties often refuse to file. On the other hand, if even 1¢ of the judgment and interest are not paid, there is no requirement to file a P&S...
I cannot determine whether your inquiry is from Virginia or Maryland, but, in Maryland, there is a specific rule requiring the filing of a paid & satisfied line when judgment is paid. I haven't researched it in quite a while, but there may be available awards including attorneys fees for failure to comply. Filing the P&S Line costs about $15, and pro se parties often refuse to file. On the other hand, if even 1¢ of the judgment and interest are not paid, there is no requirement to file a P&S...
Q: I have a Tax Lien certificate in Charles county MD. What statute shows allowable costs for Letter of Settlement?
Cedulie Renee Laumann's answer
The reimbursable expenses are outlined in Md Ann Code Tax Property Article Title 14. Specifically you'll want to look at 14-843. No, the costs of purchasing a lien certificate are not recoverable although the amount of taxes the original purchaser paid would be.
Because the statute allows for reimbursement of specified attorney fees, most tax sale certificate holders utilize the services of an attorney. You are encouraged to consult with an attorney. While I hope this online post...
The reimbursable expenses are outlined in Md Ann Code Tax Property Article Title 14. Specifically you'll want to look at 14-843. No, the costs of purchasing a lien certificate are not recoverable although the amount of taxes the original purchaser paid would be.
Because the statute allows for reimbursement of specified attorney fees, most tax sale certificate holders utilize the services of an attorney. You are encouraged to consult with an attorney. While I hope this online post...
Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.
1 Answer
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Consumer Law, Foreclosure, Real Estate Law and Civil Rights
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Maryland
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Answered on Jan 11, 2019
Answered on Jan 11, 2019
Cedulie Renee Laumann's answer
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 corporations operating in this state.
While not legal advice, I hope the above general information helps!
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 corporations operating in this state.
While not legal advice, I hope the above general information helps!
Q: In Maryland, our mother died intestate. My brother and I are co-representative of estate. How to resolve disagreement ?
Richard Sternberg's answer
Get counsel. File petition to list and sell house in the form of Sale in Lieu of Partition.
Get counsel. File petition to list and sell house in the form of Sale in Lieu of Partition.
Q: what is the proper written code for a quit claim deed from father to daughter for tax exemptions
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Tax Law
for
Maryland
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Mark Oakley's answer
The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article, Section 13-207, and the provision having to do with exempt transfers between a parent and a child is found in Section 12-108(c)--but the latter exemption only applies to the portion of any principal...
The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article, Section 13-207, and the provision having to do with exempt transfers between a parent and a child is found in Section 12-108(c)--but the latter exemption only applies to the portion of any principal...
Q: My new commercial lease does not include any terms regarding rent increases. Is there a maximum amount in Maryland?
Mark Oakley's answer
No, commercial leases do not have any statutory or regulatory provisions governing them. There are judicially developed rules for interpreting contracts, including a general "reasonableness" standard, however. But you should have a lawyer review the lease to be sure there is no rent adjustment, and to confirm how the lease is automatically renewed and how you can get out of the lease before it is automatically renewed. Without reading the lease, it is impossible to advise you accurately, but...
No, commercial leases do not have any statutory or regulatory provisions governing them. There are judicially developed rules for interpreting contracts, including a general "reasonableness" standard, however. But you should have a lawyer review the lease to be sure there is no rent adjustment, and to confirm how the lease is automatically renewed and how you can get out of the lease before it is automatically renewed. Without reading the lease, it is impossible to advise you accurately, but...
Q: Am I responsible for water and sewer charges that were charged to the builder? I'm being sued over front foot fees.
Cedulie Renee Laumann's answer
Generally front foot assessments go with the property and become an obligation of the new owner (the same way HOA fees or property tax obligations would). Typically these payments last up to 30 years after a new development is built. That being said, both the contract and the closing paperwork should reveal the existence of front foot assessments.
If the Seller NEVER disclosed the front foot assessment, didn't put anything in the Contract and failed to notify in any of the...
Generally front foot assessments go with the property and become an obligation of the new owner (the same way HOA fees or property tax obligations would). Typically these payments last up to 30 years after a new development is built. That being said, both the contract and the closing paperwork should reveal the existence of front foot assessments.
If the Seller NEVER disclosed the front foot assessment, didn't put anything in the Contract and failed to notify in any of the...
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
2 Answers
| Asked
in
Real Estate Law, Foreclosure and Estate Planning
for
Maryland
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
Richard Sternberg's answer
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 your own account. You *desperately* need to review the facts privately with a lawyer, and you are flat out nuts if you provide any more facts on an open web forum.
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 your own account. You *desperately* need to review the facts privately with a lawyer, and you are flat out nuts if you provide any more facts on an open web forum.
Q: Can a Lien be placed if insurance company paid for services. The only outstanding amount is the copay.
Richard Sternberg's answer
Liens can be complicated, and lay people often misunderstand them. If you are asking whether you can be obligated in a lien to pay a judgment or some other debt that authorizes a lien on something specific, the answer is yes. There is no way to evaluate whether a lien has been perfected from the information you provided.
Liens can be complicated, and lay people often misunderstand them. If you are asking whether you can be obligated in a lien to pay a judgment or some other debt that authorizes a lien on something specific, the answer is yes. There is no way to evaluate whether a lien has been perfected from the information you provided.
Q: The sellers agent asked my agent our ethnicity and then stated that we “Latinos” don’t ever do anything right.
Richard Sternberg's answer
Sounds like a fairly clear housing discrimination case. The good news is that a prompt strategy of asserting a lis pendens and filing the proper complaint may get you your new home, and there may ultimately be an award of legal fees. The bad news is that few of the lawyers qualified to pursue such claims are willing to take them based on a future attorneys fees award. The best strategy is a quick demand letter before there is another contract on the property, but that will require quick action...
Sounds like a fairly clear housing discrimination case. The good news is that a prompt strategy of asserting a lis pendens and filing the proper complaint may get you your new home, and there may ultimately be an award of legal fees. The bad news is that few of the lawyers qualified to pursue such claims are willing to take them based on a future attorneys fees award. The best strategy is a quick demand letter before there is another contract on the property, but that will require quick action...
Q: how long is a real estate sales contract valid? I have a residential contract of sale dated 8/25/15 and we are to go
Mark Oakley's answer
Are you the buyer or seller? Do you want the sake to go through or not? What has been the communication since 2015(!!!)? Three years? Seriously? The contract generally has a deadline date for closing, or a right to terminate after a certain time frame. However, if a contract has no date when performance of the contract is to take place, then courts will apply a “reasonable time” standard. That’s a factual question, based on the contract and ordinary commercial dealing. Hard to say, but 3...
Are you the buyer or seller? Do you want the sake to go through or not? What has been the communication since 2015(!!!)? Three years? Seriously? The contract generally has a deadline date for closing, or a right to terminate after a certain time frame. However, if a contract has no date when performance of the contract is to take place, then courts will apply a “reasonable time” standard. That’s a factual question, based on the contract and ordinary commercial dealing. Hard to say, but 3...
Q: Can a Veteran buyer and his lender decline or refuse a sellers right to a Reconsideration of Value?
Richard Sternberg's answer
You really need a competent review of the contract. Based on your limited information, I’m guessing that then lender doesn’t agree with you ROV and that you probably have the right to reject the buyer and get a full price non-VA buyer. Backing out of the contract without legal review is quite risky.
You really need a competent review of the contract. Based on your limited information, I’m guessing that then lender doesn’t agree with you ROV and that you probably have the right to reject the buyer and get a full price non-VA buyer. Backing out of the contract without legal review is quite risky.
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