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Maryland Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I get free legal assistance in selling my fathers inherited house.
Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

Possibly! It truly depends on your situation. There are plenty of free and low-cost legal resources around the Maryland area. I first suggest that you consider reaching out to Maryland Legal Aid. Additionally, the Maryland Court system has catalogued several free and low-cost legal services on... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: I am one day away from closing on a home, but no longer wish to move forward with the purchase.

What type of penalties might I face or right to back out at this point in the process?

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

The obvious one is forfeiture of your earnest money deposit (EMD). It is possible you would be sued to specifically enforce the contract and force you to buy it, but that is a long expensive suit that will tie up the sale until it’s over and the seller would prefer to just sell their home—so... View More

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 13, 2024

Maryland has several different "death taxes" and it really isn't possible to define the taxes without knowing the full context. If an attorney is assisting with the estate they should be able to discuss these in depth based on the specifics of your situation. However, generally... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

If this is the primary asset and all estate assets are being distributed to a spouse or lineal heirs (children, grandchildren, siblings, parents) there are no inheritance taxes, and no estate tax for estates having a value below $5,000,000. For calculating estate value for estate tax purposes,... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

James L. Arrasmith
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answered on Feb 22, 2024

When dealing with the sale of a property from an estate, such as your mother's house with a reverse mortgage, the primary concern for taxes would typically involve capital gains tax, estate tax, or inheritance tax, depending on various factors including the total value of the estate and the... View More

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1 Answer | Asked in Immigration Law and Real Estate Law for Maryland on
Q: How to make sure the deposit I’ll have for purchase the home with my husband is eventually a “proof”is my part ?

I’m foreign,no ssn or Itin number .

After 4 years of marriage we should starting my adjustment of status in march and my family is sending money for pay the lawyer fees and help with a deposit for buy a house for me and my family.

The lender is saying my name can be only after the... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it's essential to take steps to ensure that the deposit made for the purchase of the home is eventually recognized as your part of the investment, especially considering your immigration status and the joint bank account with your husband.

To establish a clear record...
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1 Answer | Asked in Real Estate Law, Environmental and Landlord - Tenant for Maryland on
Q: I was just cited From Prince George DPIE for infractions and have 2 fine for a total of $600 but was never sent a notice

I would like to know if they had to have sent a correction notice. How can I get proof of what they saw or they think was the infractions and if what they listed as infractions are infractions or are ok.

T. Augustus Claus
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answered on Jan 18, 2024

If you have received citations from Prince George's DPIE (Department of Permitting, Inspections, and Enforcement) for infractions related to your property, it is crucial to review the local regulations and follow the proper procedures. Typically, jurisdictions have specific protocols for... View More

3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 10, 2024

The answer partly depends on what you mean by "inherit." More specifically, in whose name is the deed? That/those person(s) are the owners. If by "inherit" you mean a Will describes intention, but a new deed has not issued from the Estate, that is a different analysis.... View More

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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 10, 2024

Hi,

This is a pretty common scenario. What options the family has depends in large part on where you are in the inheritance process. If the property is still in the name of the deceased person, then the Personal Representative usually has very wide discretion to sell the property and...
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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Richard Sternberg
Richard Sternberg
answered on Jan 10, 2024

It’s not a majority vote issue. If any owner wants to sell, they can petition for sake in lieu of partition. The attorney fees will be reimbursed from the sale. The only defenses are that the property can be partitioned or the tenant in residence gets the notice given to tenants. Get counsel.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: PMI removal is being denied because I paid my mortgage down below 78% ahead of the amortization schedule?

Can PMI removal be denied for paying your mortgage down faster than the standard schedule? I'm at 76% LTV of my original loan amount, but 3 years before the standard schedule says I should be. Is there anyway around that without paying for a BPO?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 20, 2023

The Consumer Financial Protection Bureau (a federal agency) has a wealth of information relative to this exact topic of removing PMI which can be accessed at the following site:

https://www.consumerfinance.gov/ask-cfpb/when-can-i-remove-private-mortgage-insurance-pmi-from-my-loan-en-202/...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can an association raise more than 10% of fees. My association went from in the past 2 years from $20,$25 & now $95 rais

I need answers on how an HOA can raise more than 10% a year? The association os grossly ripping us off. When asked to see their books as a Home Owner intitled to what I asked. I was turned down and that is not legal. Can you help?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

You’re not going to want to pay a lawyer’s hourly rates if you don’t want to pay $50 more per month or whatever the increase is. Maybe if you gathered a group of homeowners to share the legal fees, all being represented by the lawyer, that would be a way to make it affordable.

But...
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2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 8, 2023

You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,... View More

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2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

Yes, a buyer can legally purchase a home in great condition, terrible condition or anything in between. People can purchase property without a home on it at all, or with a home they intend to bulldoze.

Now most of the time a bank will not lend money to a borrower to buy a home if it is...
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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?

Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?

Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 5, 2023

An online post cannot fully answer specific questions about a specific estate, but generally speaking one way or the other the mortgage needs to be paid and in nearly all scenarios this legally is treated as an estate expense.

If an estate lacks liquid funds (cash) to pay the mortgage,...
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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Is it legal for the executor of an estate to force a benificiary to pay for a mortgage on a house they inherited?

Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Is it legal for the executor of an estate to force a benificiary to pay for a mortgage on a house they inherited?

Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house

Richard Sternberg
Richard Sternberg
answered on Dec 5, 2023

It might be easier for you to think of this a different way. If the course was inherited by both sister, each has the right to use the undivided whole, and either has the right to demand that it be sold and the proceeds after paying off the mortgage split. If you cannot reach another agreement,... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Is it legal for the executor of an estate to force a benificiary to pay for a mortgage on a house they inherited?

Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 5, 2023

When a house has a mortgage on it, the mortgage will need to be paid one way or another. Either the estate will pay off the loan with other cash and deed the house free and clear, the house will be sold and the loan paid at closing or the house will be conveyed to heirs "subject to" the... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Municipal Law for Maryland on
Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it

Hello.

So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 4, 2023

You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research... View More

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