Is it legal for the Five to do this without including the community (aka public) and the remaining four Board members (who happen to be the officers of the Board)
The answer will depend on what kind of board is in question- government or private company/non-profit. And then if it is governmental, it will depend on the laws governing that particular board- in addition to the Maryland Open Meetings Act. If private, it will depend on the bylaws or other... Read more »
Buyer not given the right of repair.
This all depends on the specific contract and the specific contract language. There is no one size fits all answer.
You are encouraged to seek legal advice if you have a question about the rights or obligations of parties under a particular contract.
I was out of the state temporarily and at which I missed 2 quarter HOA payment for January and April 2019 fees at $90 each for a total of $180. Upon returning in June, I found out I have mails about my delinquent account. I immediately tried to resolved it following up with the HOA management... Read more »
Typically HOA documents say that homeowners will pay costs of collection, including reasonable attorney fees, for any past due accounts.
Maryland's Rules of Professional Conduct for attorneys requires that attorneys fees be reasonable based on the time and labor and complexity involved.... Read more »
My ex-husband and I owned a house in Cecil County, MD, which eventually foreclosed due to him leaving the residence leaving me unable to pay the mortgage on my own. About 5 yrs ago a deficiency judgement was entered against both of us, but I wound up paying it solely on my own. I'd like to go... Read more »
I suspect you have a statute of limitations problem, but you may want to review the facts with a lawyer in a sit-down consult. There may be an applicable exception.
My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years. Is she entitled to any proceeds from sale? He doesn't want to sell and has made her a super low ball cash offer to get her off of the deed. What are her rights? Can the court force a... Read more »
Your mother-in-law needs to speak with a lawyer before making any deals. Where she resided for the past 20 years has no bearing on title to the house. If title was not resolved at the time of the divorce and the house was owned by the marriage, she probably owns half of it. Her ex can claim her... Read more »
I entered into a lease last month for my current home. The home is currently listed for sale. During a showing of the home, surveillance video captured the owner of the real estate company and acting agent, allowing a client to go through my personal belongings. What can be done about the... Read more »
It might be interesting to see the video to determine how egregious the invasion was. The bottom line is that you will almost certainly be limited to the actual damages you experienced due to the trespass to your property. I suspect that would be zero, but an interview might uncover something. If... Read more »
I hope my adult children would not have to pay off my house
Good question. Heirs do not have to personally pay off any debts of a deceased relative. The Personal Representative ("PR") is appointed to deal with the assets and debts of the person who died and must pay off debts from the deceased person's assets.
Three options usually exist when... Read more »
It will depend on your lease but you will most likely be responsible for a penalty for breaking the lease. Often, tenants are responsible for the remainder of the lease.
3-101 (c) seems to suggest that an exception to the requirement is made to tenants with leases shorter than a 7-year period and the renewals are shorter than a 7-year period.
3-101(f) 2 seems to suggest that if 3-101 (c) is sound, then the Memorandum of Option isn't required. Am I reading... Read more »
It's not clear from the question what the issue is. R.P. 301 simply mandates that deeds to real property and leases over 7 years have to be executed and recorded in order to be effective. 301(f) extends that requirement to executing and recording options to buy, and gives the alternative means of... Read more »
I found out from an email I was sent from an interested buyer. In the beginning (2010) My mom and I agreed that I would at least Get the money I put into it if she sells the house. Can I put a lien on the property to get the money I’m due?
You need to memorialize your agreement in writing and put the dollar figure you want to be paid in the agreement and how you’re to be paid (at closing, by direct check from settlement). Filing a lien may be unnecessary and costly. Have a lawyer draft the agreement. If your mother won’t sign,... Read more »
Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... Read more »
Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.
In response to the actual question posted, however, "how can one interpret Md... Read more »
Maryland Maryland
Yes. A quiet title action may be brought to address any dispute over interests in real property. Adverse possession is only one of many potential disputes. You may also couple many equitable claims with demands for money damages and injunctive relief, negative and affirmative.
We purchased a home on july 2nd, 2019 closed on the home. The home was "as is" so the home orginally was listed for sale in january of this year it was taken off of the market a month later and apparently a 38,000 insurance claim was made and then the basement had been "redone" they relisted the... Read more »
You need to review the facts with a lawyer, but the law does not prevent someone from selling a home with problems such as mold. By listing a home "as is" and selling it without concealing the facts, a seller can seek a buyer who wishes to undertake a repair project or a renovation. The mistake... Read more »
I'm on deed with sister but not on mortgage
She lives in house, I do not. Her % is 75, mine 25%
at closing how ill funds be distributed?
Thank you
Call the settlement office and ask. If you don’t agree with their answer, review it with your lawyer prior to closing.
Yes. Of course, the seller can also disclaim knowledge of anything by stating "as-is." The question as to actual knowledge of latent defects is the most important, however.
I just purchased my first home two months ago. I began to notice signs of water leaking into the basement after heavy rain storms. I think the seller was aware of issues and tried to hide it. Is there anything I can do or can be done?
You need to retain counsel for a review of the contract and the inspection(s). If there is evidence of a misrepresentation in the disclosures about the property or a latent defect known to the owner and concealed from the buyer, you may have a cause of action including punitive damages and... Read more »
This sounds very similar to another question recently asked on this forum.
A borrower has no interest in property by being on a mortgage, they only have an obligation. That borrower cannot typically remove themselves from the obligation unless the other owner refinances, pays off or... Read more »
If you are not on the deed, then you don't have an interest in the real property. You can remain liable for the loan if you have signed the promissory note or deed of trust as a borrower/guarantor.
Yes, but only by paying off the mortgage or getting the lender’s consent to a novation. I’m a little confused by your question, but you seem to be asking if you can co-sign a loan note and then be relieved of liability without paying off the note because you aren’t on the deed. Isn’t that... Read more »
Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop
When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".
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