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Maryland Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: Since I owe a large sum on my house; when I die, can my adult children just 'give the keys' to the mortgage company ?

I hope my adult children would not have to pay off my house

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 30, 2019

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...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: I am in MD state. If i break my lease am i responsible for the remaining balance of rent if a tenant is in the appartmen
Rolanzo Richard White
Rolanzo Richard White answered on Jul 25, 2019

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.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does 3-101 require a Memorandum of option if the tenant has only occupied the property for 5 years?

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 »

Joseph D. Allen
Joseph D. Allen answered on Jul 24, 2019

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 »

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: My mother gave me my grandmothers house , which was uninhabitable . I remodeled it, and now she is selling it.

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?

Mark Oakley
Mark Oakley answered on Jul 22, 2019

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 »

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2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on
Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

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 »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 12, 2019

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...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can Can You Quiet Title A Estate Estate / Property With No No mortgage / Lease.. && Not Regarding Adverse Prosession

Maryland Maryland

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 12, 2019

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.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is a mold outbreak in a brand new "redone" basement means to sue in Maryland?

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 »

Richard Sternberg
Richard Sternberg answered on Jul 4, 2019

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 »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: as tenant is common are closing checks issued seperately for the %

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

Richard Sternberg
Richard Sternberg answered on Jul 2, 2019

Call the settlement office and ask. If you don’t agree with their answer, review it with your lawyer prior to closing.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Does a seller have to complete and provide a property disclosure form for a renovated home that they did not reside in?
Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 26, 2019

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.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: I think seller knowingly sold me a property that may have foundation or leaking basement problems

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?

Richard Sternberg
Richard Sternberg answered on Jun 24, 2019

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 »

1 Answer | Asked in Real Estate Law for Maryland on
Q: In a co signed mortgage, can the lead borrower legally divest all interest in the property?Lead isn't on deed.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 19, 2019

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...
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3 Answers | Asked in Real Estate Law for Maryland on
Q: Can a primary borrower divest all interest in a property when they are not on the deed?
Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 19, 2019

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.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: In a co signed mortgage, can the lead borrower legally divest all interest in the property?Lead isn't on deed.
Richard Sternberg
Richard Sternberg answered on Jun 19, 2019

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 »

2 Answers | Asked in Environmental and Real Estate Law for Maryland on
Q: Is there a difference between water quality inspection and a well inspection?

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

Richard Sternberg
Richard Sternberg answered on Jun 14, 2019

When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".

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2 Answers | Asked in Real Estate Law and Construction Law for Maryland on
Q: Is there a Maryland law that indicates home sellers must cover cost to fix septic or well?

if they don't pass inspection? or are these addendum's that are put into an offer?

Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 13, 2019

This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item is... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Is a HOA responsible for cutting tree limbs hanging over owners property, where tree is on HOA property?
Richard Sternberg
Richard Sternberg answered on Jun 1, 2019

It depends what your HOA covenants, declarations, rules, and, sometimes, subsequent carried motions say about the issue. It is very important to read and understand them. A lawyer can help you do that.

4 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: Great grandmother's property going into lien foreclosure in 2 wks. If I pay taxes, can I sell the property.

Great grandmother died in 1985. Left property as heir property. My mother held power of attorney. My great-uncle attempted to sell the property. He couldn't b/c the heirs never paid my great-grandmother's attorney for the work he did. As such, the deed was never transferred to the heirs. Taxes are... Read more »

Richard Sternberg
Richard Sternberg answered on May 22, 2019

There are steps between the taxes being due and a foreclosure sale, but those steps vary by jurisdiction. The short answer is that paying the taxes does not buy the title for you. Unless the actual title owners agree, it buys you nothing but a dubious claim for contribution, and that is limited if... Read more »

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3 Answers | Asked in Real Estate Law for Maryland on
Q: Is it worth pursuing a buyer who defaulted on a residential sale 2 days before closing after removing all contingencies?

Our buyer unexpectedly presented us with a unilateral termination as we were preparing to close.

- we met all deadlines including original closing date

- we agreed to and completed over $5k in repairs (our agent coordinated with the contractor to pay out of proceeds)

- the... Read more »

Richard Sternberg
Richard Sternberg answered on May 21, 2019

You should get a contract review to determine the damages available under your contract. In some, the damages are limited to the earnest money deposit and moat of that goes to the realtor. In others, you can force performance or collect substantial damages. The contracts are not all the same, and... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Hello. We terminated our contract with previous realtor. Within the extension time of 180 days for that contract...

...we have an offer with a second realtor. Will they share the 5% commission?

Richard Sternberg
Richard Sternberg answered on May 18, 2019

You need to review the listing agreement. The current standard MAR contract included a clause that eliminated the commission claim of the prior realtor once a replacement realtor was signed as agent. Another form I recall seeing only applied that after the term of the original listing contract... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: how does a lender handle supplementary tax at closing on a new constructio

I am in Charles County Md

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

Your Realtor will explain this to you.

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