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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: Buyer for my home dropped out and won't release the earnest money

He had a loan proof and then on settlement day he said the loan was not approved. I have paid alot of money to move out and have the home ready for the new buyer and now its vacant and I'm in limbo waiting for the house to sell. I had to move in with my daughter while my belongings are all in... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 22, 2025

Your question says you are in WVA. If this is a Maryland property, with the standard MAR contracts, you have a direct route to resolution via mandatory mediation followed by a lawsuit for any decrease in price, plus your extra carrying charges. But only a lawyer who reviews your documents and... View More

1 Answer | Asked in Contracts, Real Estate Law and Collections for Maryland on
Q: Need Assistance Negotiating Repayment Terms for Condo Fees

I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: Property buyer removed and changed purchase terms and will not resubmit them as requested by seller

Buyer denied seller of property original negotiated terms and details an inserted the new provisions in the final closing purchase contract

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Offer and Acceptance. That's the law. If you offered the buyer a contract on specific terms, and the buyer responded with a contract with different or altered terms, then the buyer is deemed to have rejected your offered terms of sale, and has countered you with a new offer. The ball is not... View More

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: What are the possible damages I can pursue for an Illegal Eviction?

I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Do you all prepare legal deeds? I want to assume the loan to my late father's home and need a drafted deed
Mark Oakley
Mark Oakley
answered on Nov 11, 2024

The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: In Maryland, under contract to sell, do not want to give title company my social security number. what to do?

I understand that the sale must be reported to the irs. However filing instructions for the 1099s state several options of responsible parties to file it, this includes myself. What regulation/law requires it to be the title company? Also on that note while I understand the buyer has the right... View More

Richard Sternberg
Richard Sternberg
answered on Nov 2, 2024

The title company is required to report funds sent to you to the IRS based on your social security number. If you don't give them it, you cannot sell, and you will just have to pay the damages for breaching the contract to the buyer and the brokers. Then, you should ask them for their social... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 22, 2024

I am sorry for your loss. Married couples can hold property a few different ways and how the title reads on the deed affects what you need to do when one person passes.

Usually (but not always) married couples own property as "tenants by the entirety" - if so, then by operation...
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3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 22, 2024

As a married couple, I assume you held the deed as "tenants by entireties." Upon his passing, you became sole owner (there was nothing for the mortgage company to "confirm," it just happened). You can sell it, any time. The mortgage remains a lien and must be paid off at... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Mark Oakley
Mark Oakley
answered on Oct 24, 2024

I assume you held title as "tenants by the entireties" (TbyE) which is the default ownership of husband and wife, or as "joint tenants" (JT). In either scenario, you became the sole owner of the property by operation of law upon your husband's death.

The only...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land.

How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land. I sold the land to my company and later sold my company and the vacant land was apart of that transaction. The person who filed the complaint never put any money and has never paid any... View More

Mark Oakley
Mark Oakley
answered on Oct 16, 2024

The only way a person can file a sale in lieu of partition suit is if they are on the deed to the property, or if they have a legal agreement assigning them an interest in the property signed by the person named on the deed; however, if the latter is the case, and the agreement was never recorded... View More

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2 Answers | Asked in Real Estate Law and Small Claims for Maryland on
Q: What is the legal interest rate I can charge to collect money awarded to me in a civil case in Montgomery Co, MD?
Mark Oakley
Mark Oakley
answered on Sep 29, 2024

From the date of judgment, interest accrues at the statutory legal rate on the principal judgment amount at 10% per annum, simple interest (meaning, you cannot charge interest on the unpaid accrued interest). Simply multiply the judgment awarded by 0.10, then divide by 365 to get the daily rate.... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does a MD HOA have to disclose to the home buyer HOA violations that were given to buyer prior to sale of the home?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 20, 2024

Yes. And this is most often something your real estate agent obtains. Most HOA's have a "resale package" that must be requested by the Seller, at a fee of $50-$200. The HOA then compiles its records, including open violations, and the package is delivered to the buyer within the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: My new apartment came with a backed up kitchen sink. What can I do?

I moved into my Baltimore County apartment 3 weeks ago and the sink was already partially backed up with a broken garbage disposal. I've made several different type of attempts to get the landlords to fix it, but they are taking their time. This has made the kitchen unusable for cooking as it... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law requires that rental units be livable with essentials like heat and running water. Whether a backed up drain makes property unlivable or not would heavily depend on the circumstances. A single slow moving drain probably does not render property unlivable but if there were no working... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Property left as tenants in common. One sibling was listed co-buyer on mortgage. 6 acres of land. Co- buyer own home?

Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More

Mark Oakley
Mark Oakley
answered on Aug 31, 2024

Your description is too convoluted to make any sense out of it, and you are confused about the significance and relevance of being on the mortgage versus having an ownership interest in real property.

Whoever is listed on the deed is an owner. Being on obligor on the mortgage does not...
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2 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Property left as tenants in common. One sibling was listed co-buyer on mortgage. 6 acres of land. Co- buyer own home?

Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

An attorney cannot realistically analyze the state of a particular title without looking at the estate filings and the deed. That said, I'll try to give some general information below that might be helpful.

"Title" and "Deed" are generally interchangeable terms...
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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Father added my niece to his deed so she is now co-owner of house. Can he will or bequeath his share of the deed to me?
Mark Oakley
Mark Oakley
answered on Sep 7, 2024

It depends on how the co-ownership is designated on the deed.

Title to real property can be held as “tenants in common” (TC) or as “joint tenants with right of survival” (JT). If the deed does not state specifically that two or more titled owners are “tenants in common” then...
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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Father added my niece to his deed so she is now co-owner of house. Can he will or bequeath his share of the deed to me?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Generally speaking co-owners can each freely transfer their interest in real property. However, if there are survivorship rights already in the deed a Will is ineffective to transfer to someone else (because it will go to the survivor in the deed and not be a part of the deceased person's... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Question related to potential liability following a sale of a real estate property

I own a property that was remodeled but the work was done without the proper work permits and an inspector came and posted a stop work notice on the property. Bringing the property up to code required a significant financial investment as the work that was done was extensive and it was almost... View More

Mark Oakley
Mark Oakley
answered on Aug 28, 2024

Anybody can sue anybody for anything, and the person being sued will have to defend. There are various means and legal theories to pierce the company veil and reach the owner, but they all depend on a set of facts that your post doesn’t detail. You want a whole dissertation on all the ways the... View More

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Symantha Rhodes
Symantha Rhodes
answered on Aug 28, 2024

As the trustee of this estate, your primary responsibility is to act in the best interests of the beneficiaries. While forfeiting land for debt might seem like a direct solution, it's generally not a feasible option. Forfeiture typically occurs due to illegal activity, not as a means of debt... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 28, 2024

While there is no legal process to "forfeit land" practically speaking if the owner defaults on the annual property taxes it would go into tax sale, and if someone else purchased the property at tax sale it would have the same practical effect as forfeiting. However, a Personal... View More

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