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Maryland Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Maryland on
Q: What Are The Difference Typed Of Disputes Regarding Quiet Title. Is Religion/Spirituality/Spiritual But Not Religion

And And Also Can That Work In Adverse /Adverse Possession Regarding The Statute Time And Element

Richard Sternberg
Richard Sternberg answered on Feb 15, 2020

I know of no relationship between religion or spirituality and either adverse possession or the concept of quieting title, though you might want to review a full set of actual facts past a lawyer in your jurisdiction. For example, if any churches still keep their doors unlocked at all hours for the... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is "joint tenants unto the survivor of them, their heirs and assigns" same as "joint tenancy with right of survivorship"
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 13, 2020

Yes. (though it should read "...joint tenants and unto the survivor of them, their heirs...")

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Sellers signed a AS-IS Md Sales Contract.Buyers said they would walk if Sellers did not pay and extra cash credit a clos

We signed a contract as AS-IS with Sellers right to walkaway subject to the home inspection. The Buyers agent provided us an email from the Buyer stating that following the home inspection they became aware of more potential issues. Through that correspondence they said if we did not provide a... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Feb 12, 2020

This is a very, very common issue. Your rights are in the contract, where you may be required to participate in mediation for disputes arising within one year from the settlement date. You may also sue for a declaration that the contract is at an end, among other things.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Quit title (Adverse Claims Statement) Can It Be As In Religion / Spiritual But Not religious / Spirituality

possession / Adverse possession And Or Not && The Statute Of Limitations Time Period Maryland 20 Years

Richard Sternberg
Richard Sternberg answered on Feb 10, 2020

Huh? I have no idea what you are asking, but the answer is “no.” Adverse possession is a legal concept that has no relationship to religion or spirituality.

1 Answer | Asked in Civil Litigation and Real Estate Law for Maryland on
Q: Can I end my lease early due to harassment and threats from the property manager?

I have a two year lease and the property manager has taken a hostile manner to address issues. She has even threatened that if rules aren’t followed people can die and if I invite my boyfriend over she will call the cops and have him arrested for trespassing.

Richard Sternberg
Richard Sternberg answered on Feb 10, 2020

The landlord is required to give you quiet enjoyment of your leasehold, but you are required to comply with the terms of your lease. It might be wise to coordinate your strategy and fact-documenting with a lawyer, because a judge is not going to believe that you are getting out of the lease for a... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: halfway in our 12 month lease & paying on time. LL needs to kick us out in less than month no fault of our own.

I guess the LL has been using the address of her home for her kids school district. The school found out they are no longer living here and they must move back in or face the kids being kicked out of the school. LL said we need to be out by the end of the month.

What rights do we have in... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 6, 2020

Remember Nancy Reagan? Well, the DARE stuff was just nonsense, but the slogan is cool. Just say no.

Self-help in Maryland is illegal. It is the tort of Wrongful Eviction. In addition to any compensatory damages, a jury will decide how much the punitive damages will be. If your landlord...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maryland on
Q: If the lease was never actually signed by me (tenant) or landlord, am I legally bound by anything?

I have been renting now for a year and a half on 12-month contracts. My landlord has fallen through or dragged his feet on numerous projects and am through dealing with a house that is physically falling down around me and my family. We are now going to buy a home but the lease of the rental... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 1, 2020

That depends on your state and the remainder of the facts. In some states, a writing with your signature on it, such as the rent check, accompanied by indicia of your assent, like living there, is enough to escape the Statute of Frauds. In others. unless your signature is on the lease, there is no... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can deed of assignment be recorded if the owner is deceased in Maryland
Mark Oakley
Mark Oakley answered on Jan 19, 2020

Depends. Need to know who’s names were on the deed and how title was held by them (e.g., sole owner, married couple holding title as tenants by the entireties, joint tenants with right of survivorship, tenants in common). If there is a surviving joint owner, either T by E or JTWROS, then all you... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can a deed of assignment be recorded if the owner is deceased in Maryland
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 17, 2020

If the question is asking about how to transfer property titled in a deceased's name when they died, the only way to do this is by first opening up an estate and then by recording a Personal Representative's deed. No one can sign a dead person's name after they die.

If the question is...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Police states unable to press charges on a person who place a false lien on my property in 2002. States the time frame.

The state did not notify me a lien had been placed on house. All documents are fraud. False notary documentation. The lien occurred in 2002. Did not find out until title search was done for refinancing home. Awaiting court date. Sheriff unable to serve the trustee. Saving first mortgage... Read more »

Mark Oakley
Mark Oakley answered on Jan 9, 2020

The person who filed the false lien can be held accountable if you can find him or her. You do not provide sufficient details to allow a better answer.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Didn't renew my lease, stayed for 6 months before moving without 2 months notice, now I have an account in collections

lease ended in 03/2019, I completed the new leasing agreement form, gave it to my leasing office. I had to bring my paystub for renewal to be complete but I didnt give the paystub due of insecurities in neighborhood (gunshots and killings) . I got a couple of notices from the leasing office stating... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 5, 2020

Wow. You really need a lawyer to help you unravel this. If you and the landlord both signed a lease, you have a lease. If you moved in without a lease, either you, the landlord, or both of you are idiots. Regardless of whether you have a lease, if you ignored an eviction summons and the landlord... Read more »

3 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: Can I keep the house after my mother died. I was living with her. The only other heir is my sister. She was not married.

There is a mortgage fro $250,000.00 and house is worth $375,000.00. She owed $10000.00 in credit cards.

I want to keep the house. My sister does not want house. I am Personal Representative. There is no money to pay credit cards.

Do I have to sell the house to pay the credit cards?... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Jan 4, 2020

The just debts of the decedent must be paid out of assets of the Estate, before distribution to the heirs. So, the house must be sold or refinanced to pay off the credit card debt. This can be wrapped in with the sister disclaiming her interest (if she doesn't want the value of her interest),... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: i gave my roommate my rent she didn’t pay she left the apartment now I got a eviction notice what can I do.

I found out she hasn’t paid in 2 months and she’s not answering my calls and I can’t get in touch with her

Leonard A Englander
Leonard A Englander answered on Dec 26, 2019

That is very frustrating.

So, you have to pay the rent or risk getting evicted.

What you can do is locate your former roommate and file suit against her for absconding with the rent.

Hope that helps!

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Maryland on
Q: Security Deposit return

I was renting a house with a few military friends, all three of us were on the lease. I decided to get a place of my own and move out early. Both other tenants and the landlord was notified and I would receive no penalty. An addendum was signed and I was told by landlord and tenants that I would... Read more »

Mark Oakley
Mark Oakley answered on Dec 24, 2019

Sue the co-tenant who received your share of the security deposit in small claims court. Whether it is worth your time and effort is a value judgment on your part. It is not worth hiring and paying a lawyer for this amount.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Lived TH just over 3 yr. Carpet not cleaned at move in. Lease state to clean it at move out, can he keep dep if I dont?
Richard Sternberg
Richard Sternberg answered on Dec 22, 2019

If your lease contains the fairly common term "broom clean" or specifically requires a carpet cleaning, the landlord can deduct the cost of the cleaning from your deposit. Your claim for him failing to clean the carpet before you moved in is over three years old. In DC or Maryland, the statute of... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is it legal to have never received a copy of your Sales Contract for the purchase of a timeshare.

My husband and I were promised a copy of the sales contract for the purchase of a Vacation/ Timeshare located in Maryland. It has been over month and we haven't received our copy yet. We was told that we would receive copy via email. The only email we did receive was actually a reminder the... Read more »

Michael Hales
Michael Hales answered on Dec 19, 2019

Usually, the timeshare company is required to give you a copy on the day of signing. If they didn't, you may have an argument that your rescission period doesn't start until you receive a copy. It may be worth the time to chat with an attorney to review the documents for you.

2 Answers | Asked in Consumer Law, Real Estate Law, Estate Planning and Public Benefits for Maryland on
Q: My father recently passed and had a TIC Property with my stepmother. Who is responsible for mortgage

Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?

I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I recently had a flood in my commercial rental ( I am a dentist renting a property for my private practice)..manager

Wont provide insurance information, as he said once the water is cleaned up he doesnt have to take care of damages or lost wages on my employees or even damage to my floors. What can I do?

Richard Sternberg
Richard Sternberg answered on Dec 1, 2019

Read your lease. Contact your rental premises, business loss, or other insurance policies (other than your professional malpractice policy). Meet with a lawyer now. Commercial rentals are not residential rentals, and the lease means what it says, but what it says may be subject to favorable... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is thereis 15 day grace period to pay rent to a residential group home in maryland
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland law does not impose a "grace period" for late payments of rent, but you may wish to check the terms of a particular lease to see if there is a grace period before late fees begin to accrue. Generally speaking, rent is due on whatever date the lease says it is due and unless the lease says... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: City is denying my claim with a ridiculous reasons, for damages caused by a dead tree that fell onto my garage? Options?

I live in Baltimore City, MD & I own my house with a detached garage behind. In July a dying tree on city property fell over & caved in my garage roof. The city is denying responsibility because I "didn't call them to tell them the tree was dying". But in actuality in August of 2018 I called to... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 26, 2019

If the structure is insured, make your claim and tell the insurer. They may wish to have you subrogate the claim to them to collect against the City. Once they pay for the damage, the proceeds from recovery usually belong to the insurer if they made a right of subrogation part of the policy. That's... Read more »

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