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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: What Happens If The Owner/Owners File A Wrongful Detainer MD Cts & Jud Pro Code § 5-103 (2019)

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: Is That Legal Or Illegal For A Judge To Not Rule On A Motion And And Rule In Favor Of Plaintiff Regarding A Court Case.

MOTION AS WRITTEN REQUEST NO ACTION OF THE COURT. BUT 10/22/2021Comment:STATES A DEFENDANT;0AU No.:001

Comment:KEYPOINTS 1:59-2:19. POSSESSION JUDGMENT ENTEREDComplaint No.:001

Comment:POSSESSION JUDGMENT ENTERED

MOTION IN WRITTEN BOX ONLY SAID. MD Cts & Jud... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

Your post is impossible to make sense of or know what happened. A judge rules on motions--it's his or her job. It's not "illegal," it's exacty what the judge is paid to do. If you are unhappy with the ruling, the rules of procedure provide that you may file a motion for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: How do I set up an LLC with rental property?
Shaneka Johnson
Shaneka Johnson answered on Oct 18, 2021

An LLC established for real property ownership is no different than an LLC formed for conducting another form of business. You will need to file articles of organization. Secure an Employer Identification Number (EIN) and Maryland Tax ID Number (if your LLC is formed in Maryland). Post formation,... Read more »

1 Answer | Asked in Probate and Real Estate Law for Maryland on
Q: Can mortgage company foreclose on a home owned solely by my brother whose estate is in probate?

Brother died intestate on 8/13/2021. Probate court date is 27 October, at which time personal representative will be selected. Creditors will have 6 months to come forward. House is major asset and there are insufficient cash funds in the estate at present to pay mortgage payments. Equity in... Read more »

Mark Oakley
Mark Oakley answered on Oct 16, 2021

No chance the mortgage company can foreclose and sell that fast. It takes at least 90 days of no mortgage payments to trigger the foreclosure notices, and if the PR communicates to the mortgage company the death of the borrower and that an estate is open and the house will be sold, then they will... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Civil Litigation for Maryland on
Q: My mortgage company refuse to sign my insurance claim check and sent the check back with no explanation.

I live in Maryland

Mark Oakley
Mark Oakley answered on Oct 14, 2021

You cannot expect a response that will help you in any meaningful way without providing facts, details and context. Start with stating what you received an insurance check for, why it was sent to your insurance company, and the reason the insurance company sent it back to you. If you don’t know... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Still waiting: Does the State of Maryland require [by law] that an HOA be formed to enforce covenants?

I posted this question last week and received one very eloquent response as to the wisdom of forming an HOA so as to enforce covenants BUT, at the end of the day, I did not receive a straight up "yes" or "no" answer to my question which again is: "does the state of Maryland... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 12, 2021

Yes. The phrase "in place" means properly organized, and in good standing with the State of Maryland. There are instances where an HOA described in recorded declarations has been allowed to lapse, or is no longer functioning. There are reported appellate court decisions describing what... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: I planted trees & built a garden on the strip of land that the original owner of the property next-door told me was mine

The property has now sold for the third or fourth time & the new owners had a survey done. It shows the trees and garden are on their side of the survey line. We spoke to them within a week of their moving in and they said not to worry they couldn’t use that tiny strip of property next to... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 11, 2021

Yours is a common issue. Our Firm recently had this exact issue (dispute over ownership of flower beds near shared boundary) in a D.C. case. Do you have a survey? Perhaps it conflicts with the neighbor's survey. Also, have you or your predecessors used the beds to the exclusion of your new... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Real estate question, Maryland. I put in an offer of 94k on a house(100k listed) with a price escalation up to 110k.

My offer was for the house as is, No contingencies, cash. Second offer was made the following day. Seller accepted the second offer and we were asked to be back up bites but my agent was never sent paperwork. After an inspection was done the first buyer decided to back out. Upon receiving... Read more »

Mark Oakley
Mark Oakley answered on Oct 10, 2021

It cetainly sounds fishy. Have they now accepted your contract and are trying to proceed based on your high escalation price, and do you want to back out, or to only pay the initial bid amount? Can you prove that the seller was in on the alleged fake LLC bid? You need to act sooner rather than... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Changing title to condo in Annapolis Maryland after wife passes

The property was held as tenants in the entirety.

I never received a deed after the closing in August 2021.

The estate is small and will not go to probate. Financial and equity accounts have already been handled administratively with the respective institutions.

What... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2021

Two options: (1) record the deceased owner’s original certified death certificate in the land records, or just keep it handy for the day you elect to sell or refinance the condo, which is sufficient proof to establish you as the sole surviving owner; or (2) pay a lawyer to prepare a deed to... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Does having a foreign address provide grounds for denial of refinancing property in MD? I am on extended foreign asgmt.

Denial expressed over the phone and email has been solely based on the fact of having a foreign address. Official letters do not line up with this communication. Instead I receive, “we do not offer this product at this time.” This does not feel right.

Mark Oakley
Mark Oakley answered on Oct 5, 2021

There’s no law that compels private lenders to lend to any person, other than to not discriminate based on constitutionally protected grounds (race, religion, gender, e.g.). They could not lend to you because you drive a Toyota. It’s not illegal. I’m not saying anything bad about Toyotas.... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: What type of legal representation is needed for an inheritance buyout dispute where the home is in MD and I am in GA?

My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... Read more »

Mark Oakley
Mark Oakley answered on Oct 5, 2021

It’s been a pretty hot market this past year around here, so you’re going to want to get a fair appraisal done to at least know what the house is likely able to sell for. I think what you’re saying is that the house was already deeded by the estate to the three of you, so now you all own 1/3.... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Maryland Montgomery County, real estate question on sewer easement.

A neighbor’s sewer line run across our property. They had a clog and asked for permission to dig / fix via our front yard since that’s where the plumber says the clog is at. Being neighborly, we gave permission (plumbers dug a hole way larger than we expected) . And Now they want to install a... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 25, 2021

The investigation starts with a title search and survey to know with more certainty than "we are not aware" whether there are easements recorded. There are then some very limited rights that sometimes resolve by necessity, but the caselaw on that is very fact specific. You need to review... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: Hello

Hey I have question, about year ago we made an offer on a house it was listed 80k and we made offer of 90k and Realestate agent told us someone offered 95k and their offer was accepted it was sealed offers, and we could not buy it, I just came across with that house again it says sold for 80 on... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 20, 2021

The initial contract price is not always the final sale price. While it is possible your agent lied, it is also possible that the Seller in fact accepted a higher offer and either the appraisal or an inspection caused a re-negotiation of the price before it got to sale. Because contracts,... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can a regular member of an HOA send a mass e-mail to all members concerning HOA business?

There is a provision in the Maryland Homeowners Association Act that states, "Except for reasonable restrictions to the time of distribution, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a homeowners association may not restrict a... Read more »

Mark Oakley
Mark Oakley answered on Sep 14, 2021

Anybody can send an email to as many people as they choose. There is no law against it. You just need to have the email addrsses.

1 Answer | Asked in Real Estate Law for Maryland on
Q: When 2 adjoining lots that has rights to a section of common easement to the second lot; does the 1st lot cont to use ?

If an owner of 2 lots with the rights to use a sec of a common easement that leads to the second lot and is a need I necessity easement for lot 2. The owner of lots 1&2 sales lot2; does lot 1 get to continue to use that section of the common easement if there is no longer a need for lot one to... Read more »

Mark Oakley
Mark Oakley answered on Sep 12, 2021

Your question is confusing the way you phrased it. Let me rephrase it how I think you intended it: Seller owns two lots. Lot 2 is landlocked with no route of access except over Lot 1. Seller sells Lot 2, but continues to own Lot 1 and continues to use the portion of Lot 1 over which the easement... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: When 2 adjoining lots that has rights to a section of common easement to the second lot; does the 1st lot cont to use ?

If an owner of 2 lots with the rights to use a sec of a common easement that leads to the second lot and is a need I necessity easement for lot 2. The owner of lots 1&2 sales lot2; does lot 1 get to continue to use that section of the common easement if there is no longer a need for lot one to... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 10, 2021

If the easement is written and recorded, yes. A recorded easement can only be extinguished by another recording, or by strict proof of "abandonment" (the reverse of adverse possession or use). Necessity is not a factor.

But, if the easement is one of implication or necessity...
Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Deck Size Restrictions in Hanover Maryland (21076)

I am trying to look for a home in Howard County Hanover MD. Only one house in the community has a larger deck while the rest are of same size. The seller says it was built prior to HOA rules being formed and its the only home with larger deck. Will one home be allowed to have a larger deck like... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 10, 2021

Check with the HOA. As part of most home sales in such communities, the HOA issues a certification prior to closing that states whether there are existing violations of the covenants for the subject property. Don't accept the seller's representations. Of course you can sue, later, if they... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: I have received the letters of administration for an estate. The will authorizes me to sell real property.

How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 9, 2021

There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Will my earnest money deposit be refunded to me if I rescind an agreement of purchase for a new construction home?
Richard Sternberg
Richard Sternberg answered on Sep 3, 2021

The answer is in the contract. You need to read it. If you need help reading it, you should have a lawyer help you read it. Not all contracts say the same thing, and, if you don't know what you signed when you signed it, you can guess that the terms favor the other side who did read it.

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