Maryland Real Estate Law Questions & Answers
Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.
1 Answer
| Asked
in
Consumer Law, Foreclosure, Real Estate Law and Civil Rights
for
Maryland
on
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: 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 Probate
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.
Q: I have a commercial lease in MD whats the max late fee my landlord can charge. I'm 7 days late. I have read 5 percent or
Cedulie Renee Laumann's answer
Commercial leases do not follow the same rules as residential leases. The percentage cap you refer to (which is actually $5 per month or 10% of the payment due, but no more than 3 monthly late fees) deals with consumer debt which does not apply to commercial situations.
With few exceptions, the parties to a commercial contract can usually agree to any financial terms they wish.
See Md. Ann Code, Commercial Law, Title 14, Subtitle 13
Commercial leases do not follow the same rules as residential leases. The percentage cap you refer to (which is actually $5 per month or 10% of the payment due, but no more than 3 monthly late fees) deals with consumer debt which does not apply to commercial situations.
With few exceptions, the parties to a commercial contract can usually agree to any financial terms they wish.
See Md. Ann Code, Commercial Law, Title 14, Subtitle 13
Q: Home under appraised by 25k. Is the listing agent at any fault?
Richard Sternberg's answer
The fact that you had an offer three days later at full price is evidence that the appraiser, not the realtor, is wrong. The problem is that so many fraudulent price-fixing offers occurred in both the real estate banking crisis around 1989 and – quite a bit more severely -- in 2008 that the law added all sorts of independence and distance in appraisal standards. But, "market value" is determined by how the market values the property, and in quick upswings, which we seem to be experiencing in...
The fact that you had an offer three days later at full price is evidence that the appraiser, not the realtor, is wrong. The problem is that so many fraudulent price-fixing offers occurred in both the real estate banking crisis around 1989 and – quite a bit more severely -- in 2008 that the law added all sorts of independence and distance in appraisal standards. But, "market value" is determined by how the market values the property, and in quick upswings, which we seem to be experiencing in...
Q: Can a condo HOA restrict the sales of condos to investors? We have 94 units; at least 36 are rentals. How to stop more?
Richard Sternberg's answer
You need to start with a review of the recorded Declarations and the history of the Bylaws, You need to compare them with the statutory framework, and, in any event, you won’t be able to impair any current owner’s present rights without their consent.
You need to start with a review of the recorded Declarations and the history of the Bylaws, You need to compare them with the statutory framework, and, in any event, you won’t be able to impair any current owner’s present rights without their consent.
Q: Am I liable for a mortgage if I did not fill out the loan application but am on the deed?
Richard Sternberg's answer
If your signature appears on the Note and the Deed of Trust, you are liable. If that signature was a forgery, you need to deal with that. Ignoring it while knowing about it, particularly between spouses or ex-spouses, might act as apparent authority or ratification. If you let it stand, it could become your signature retroactively.
If your signature appears on the Note and the Deed of Trust, you are liable. If that signature was a forgery, you need to deal with that. Ignoring it while knowing about it, particularly between spouses or ex-spouses, might act as apparent authority or ratification. If you let it stand, it could become your signature retroactively.
Q: My husband died last year and his name is the only one on VA loan, but my name is on the deed. I would like to refinace
Mark Oakley's answer
Why do you want your name on the mortgage? If the rate is good, just make the payment, as you have no personal liability if you ever default on the payment. You could just walk away. If you make the payments, the house is yours.
Why do you want your name on the mortgage? If the rate is good, just make the payment, as you have no personal liability if you ever default on the payment. You could just walk away. If you make the payments, the house is yours.
Q: Can I file suit against the buyer's agent, buyer, and or buyer's lender of my home for breach of contract?
1 Answer
| Asked
in
Contracts, Real Estate Law, Civil Litigation and White Collar Crime
for
Maryland
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Mark Oakley's answer
You might have a basis to forfeit the buyer’s deposit based upon misrepresentation. The buyer beached the implied covenant of good faith dealing.
You might have a basis to forfeit the buyer’s deposit based upon misrepresentation. The buyer beached the implied covenant of good faith dealing.
Q: 3 payments behind on my 1st and 2nd mort & received letter from 1st stating loan mod denied, now what do I do? on SSDI
2 Answers
| Asked
in
Consumer Law, Bankruptcy, Foreclosure and Real Estate Law
for
Maryland
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
Mark Oakley's answer
A deed in lieu of foreclosure simply means you hand over the keys and deed and move out, but you must first get in writing that the mortgage company releases you from personal liability on the remaining balance of the mortgage. You'll have to cut that deal with the first mortgage holder, and make release of your liability on both the first and second mortgage a condition of doing so. Otherwise, you get little or nothing out of the deal. Absent a loan mod, can you afford just paying the first...
A deed in lieu of foreclosure simply means you hand over the keys and deed and move out, but you must first get in writing that the mortgage company releases you from personal liability on the remaining balance of the mortgage. You'll have to cut that deal with the first mortgage holder, and make release of your liability on both the first and second mortgage a condition of doing so. Otherwise, you get little or nothing out of the deal. Absent a loan mod, can you afford just paying the first...
Q: Are there any defenses to a government's claim of eminent domain?
Richard Sternberg's answer
Yes, there are many defenses to eminent domain, especially after the Supreme Court cases cited in this Wiki article. . The article is hardly a brief, and a brief would explore the limitations and defenses better than the article, but you get what you pay for. There are defenses to the taking, and there are arguments regarding valuation. What you need is a qualified lawyer.
Yes, there are many defenses to eminent domain, especially after the Supreme Court cases cited in this Wiki article. . The article is hardly a brief, and a brief would explore the limitations and defenses better than the article, but you get what you pay for. There are defenses to the taking, and there are arguments regarding valuation. What you need is a qualified lawyer.
Q: In the contract for real estate under financing sec. app to be made within 5 days. What is considered application?
Richard Sternberg's answer
The only way to get a reliable answer to questions like this is to let a lawyer read the words of the contract and get the facts from you. Anything less is, quite simply, negligent.
The only way to get a reliable answer to questions like this is to let a lawyer read the words of the contract and get the facts from you. Anything less is, quite simply, negligent.
Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...
1 Answer
| Asked
in
Contracts, Environmental and Real Estate Law
for
Maryland
on
Answered on Oct 19, 2018
Answered on Oct 19, 2018
Cedulie Renee Laumann's answer
An attorney cannot assess the Seller's obligation without looking at the Contract.
That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is not uncommon to treat well water by a water filtration system that covers the house and perhaps a single reverse osmosis system under the kitchen sink. Alternatively, if the lead is coming from certain...
An attorney cannot assess the Seller's obligation without looking at the Contract.
That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is not uncommon to treat well water by a water filtration system that covers the house and perhaps a single reverse osmosis system under the kitchen sink. Alternatively, if the lead is coming from certain...
Q: A favorable decision was issued by the dc rental housing commission but dismissed after being remanded.
Richard Sternberg's answer
You aren’t providing enough infornation. You really need a lawyer to read the opinions and interpret them.
You aren’t providing enough infornation. You really need a lawyer to read the opinions and interpret them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
