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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: I would like to know more about the eschete laws in maryland as it pertains to foreclosed real property
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 19, 2020

Generally foreclosed real estate does not escheat to the state. Instead, it belongs to whomever purchased at the foreclosure sale.

For mortgage foreclosures, if no one else bid at the foreclosure auction (for a mortgage foreclosure) the Lender will win the auction. The law requires...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: What if there has not been a general sessions court order to be evicted

What if the landlord did not take out an order with a quart but only printed out a piece of paper saying you’re evicted within 30 days

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 19, 2020

One would expect a notice from a Landlord asking a Tenant to vacate within 30 days if there was a breach of lease or if the lease term was ending.

That said, only a court can evict. A private individual cannot issue an eviction order.

You may wish to seek legal counsel.

1 Answer | Asked in Real Estate Law for Maryland on
Q: I would like to know more about the eschete laws in maryland as it pertains to foreclosed real property
Richard Sternberg
Richard Sternberg answered on Aug 11, 2020

Escheat has almost nothing to do with foreclosure. In almost all contexts, escheat refers to the power of the state to take private property (and the very severe limitations thereon). Foreclosure refers to a private mechanism for selling property secured most often by a deed of trust or mortgage... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: with married couples does et al by their name on a title mean anything like whoever folks she deem has part in title too

My wife's name has et al on the title mines doesn't. Does this mean that her folks or whoever she deem "et al" has a part in our title?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

While the tax account or public record possibly lists one owner followed by "et al," it is highly unlikely that the actual title (deed) lists ownership that way.

You'll want to look at the deed itself to see who is on title and how the title is structured. A husband and...
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1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: Selling property in Maryland. Contract states buyer pays all settlement fees. does seller have to pay any?

Settlement company is saying that seller fees have to be paid by seller despite contract stating "buyer agrees to pay all settlement costs and charges, including, but not limited to..."

Can the settlement company do this or is there a law that states that sellers are required to... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

The contract dictates who pays the closing costs and settlement fees and the title company should follow those instructions. Note that in most cases the Seller will pay the cost of the deed preparation and the cost of recording the release for any mortgage, even if the Buyer will pay the... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: want to know about a land installment contract
Thomas C. Valkenet
Thomas C. Valkenet answered on Aug 4, 2020

They are a thing. But to receive a meaningful response, you should narrow your question. They are complicated, both legally and practically.

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3 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: In a bankruptcy, either 7 or 13, could I lose an investment property (single family home)?

A business partner of mine is considering filing for bankruptcy either 7 or 13. Me and him purchased a property together to rent as an income property. He's the only one on the mortgage. He's on the title and I'm on the title (via my business name). Am I at risk for losing the... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 3, 2020

You would be wise to consult your own bankruptcy counsel, not to prepare your bankruptcy, but to plan options. You might want to buy him out in one way or another, and it might be better to do that from within his bankruptcy. It is an interesting problem, but, to answer your question, yes, you are... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: How far in advance can a rent to own agreement be drawn out for in Maryland?

If someone doesn't have the credit bandwidth to purchase a property from an owner in say 2-3 years as is typical. Could the contract be written for a longer period say, the length of the original owner's mortgage?

Mark Oakley
Mark Oakley answered on Aug 1, 2020

There is no limit on the freedom to contract between two willing parties. Rent to own contracts are rarely great deals for the buyer, because they pay a premium above market rate rent to build "equity" as a down payment toward purchase. Fixing a purchase price over a longer period... Read more »

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3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: Is it legal in MD to acquire a property via "subject to" instead of assuming a mortgage?

The owner would still have the mortgage in their name, but title would transfer to me and I would continue paying the original mortgage.

Richard Sternberg
Richard Sternberg answered on Jul 31, 2020

There is just about a certainty that the seller’s mortgage note and deed of trust contain a due on sale clause. The seller would be creating a fraud on the bank... But, no worries. I doubt your deed would be accepted for filing, and, if it was, the lender would simply foreclose wiping you out.

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3 Answers | Asked in Real Estate Law for Maryland on
Q: Where can I get a quiet title
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 30, 2020

Quiet title can only be given by the Courts. To quiet title in a property you'd need to first do a complete title search, then file a lawsuit. Such kinds of lawsuit may require a full trial with experts, depending on the circumstances and whether or not other interested parties contest the... Read more »

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3 Answers | Asked in Real Estate Law for Maryland on
Q: I want to give a home that I own (no mortgage) to a friend. How do I do that? Are there any tax implications?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 25, 2020

You give a home to someone else by executing a No Consideration Deed. Any real estate attorney can help with preparing such a deed. There are several possible tax implications.

First, most deeds in this state are subject to transfer and recordation tax. A true gift deed, without any...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: My sister and I have Joint Tenancy and co-own a townhouse; How do we calculate her investment?

I have been paying all expenses for the property for the past five years and we secured a mortgage ten years ago. My sister now wants me to purchase her share of the property. How can I determine how to work this out since she has a “fixed” price in mind that does not match your investment?

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 27, 2020

Where expenses of ownership are not equally shared, there is a broad range of negotiation possible. First, you must make the calculations concrete. Gather the facts and documents. Your co-owner can review the data with a financial or legal advisor. Absent a negotiated agreement on the proceeds of... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can we remove our absent neighbor's border wall that extends onto our driveway without her permission?

Neighbor has died. Her daughter lives out of town and rents the property. The wall prevent us from full use of our driveway.

Richard Sternberg
Richard Sternberg answered on Jul 16, 2020

If it is on your property, you may remove it or you may demand that they remove it forthwith. If the property is held by a deceased person, you may need to serve the complaint on the personal representative. But, it is a very wise idea to start with a survey, so you are quite sure the wall is on... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: With the MD "as is" addendum, does the buyer have the right to terminate with no inspection.

I am the seller. They buyer's realtor says they are terminating the contract because of the house's oil tank. They did not have the oil tank inspected. Can they just terminate without inspecting it?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

An attorney would need to look at the specific Contract and Addenda at issue before drawing a conclusion on the rights of the parties. Sometimes a contract is written giving a buyer a general right to terminate if dissatisfied after inspections -- in that case, there is usually not much a seller... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Can You Quiet Title A Property That Has Violation Broken Windows Doors Trash And Debris Excrement Reported Unreported

Will The Judge Grant The It If You Have No Claim Statement Or The Claim Statement Is That Its Self Or By Asking Or Just Based On Identification Identification And The Circumstances There Of Or Nature Of The Unmaintained Land

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

"QUIETING TITLE" means settling any dispute on the ownership of particular property. The condition of the property is usually irrelevant. Someone can only quiet title to property they either have a recorded interest in (meaning something like a deed recorded in the Land Records) OR... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: What specific MD law requires addendum to a Real Estate contract to change my name from individual to my family trust
Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 13, 2020

It is not a specific law in the code, it is the principle that a contract must identify the real party in interest. Your contract does or does not have assignment language. Beware, not all contracts are assignable. If yours has the language, it can be assigned.

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3 Answers | Asked in Real Estate Law for Maryland on
Q: Uncle owns 1/2 of condo in ocean cityMD, he wants to sell. Property has been paid for by him, and abondoned for 2yrs.

Made several attempts to contact other owner and nothing. Other guy owes $50,000 in back pay. What can we do?

Richard Sternberg
Richard Sternberg answered on Jul 9, 2020

File suit for sale in lieu of partition and serve the other owner in the manner prescribed by Maryland law, which will be alternative service after first reasonable attempts have failed. Add a count for contribution. In Maryland, venue is a defense, so the claim does not need to be filed in... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Who pays the county & state transfer fees when the buyer is a first-time MD home buyer & the seller is an estate?
Mark Oakley
Mark Oakley answered on Jul 2, 2020

MD Code, Real Property, § 14-104 provides, in relevant part:

Payment of recordation and transfer taxes of homes sold to first-time Maryland home buyers

(c)(1) The entire amount of recordation tax and local transfer tax shall be paid by the seller of improved, residential real...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: The estate consists only of a home in MD. When selling it, does the estate have to pay county & state transfer fees?
Richard Sternberg
Richard Sternberg answered on Jul 2, 2020

Someone has to pay the doc prep., transfer taxes, and release and recordation fees. Usually, that is split with almost all going to the buyer, and the seller’s main expense is the brokerage commission for both sides.

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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: My aunt and uncle are deceased. They have one living son. Property has never changed names from aunt and uncles.

My cousin would like to sign property over to me. They had no will. What steps need to be taken to do this. Property has no liens or mortgages. I have paid land taxes for over ten years.i live in the property and have all my life. Cousin has no interest in owning home.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 22, 2020

An estate will need to be opened. If a married couple owned the property as "tenants by the entirety" when the first one died, title should have gone to the survivor of them. (If they owned title differently there may be a need for two estates).

In many cases an estate will...
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