Get free answers to your Real Estate Law legal questions from lawyers in your area.
Home in hyattsville.
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... View More
Home in hyattsville.
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
Home in hyattsville.
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.
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?
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/... View More
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?
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... View More
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.
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... View More
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.
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
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
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,... View More
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
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
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
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
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
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
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
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
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
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
There is no other name besides the LLP on the deed, the resident is a member of the LLP, the person was elected to the board by the council of unit owners but it was not known at the time that the unit was not individually owned. The bylaws of the association state that only unit owners can be... View More
answered on Nov 29, 2023
An LLP is a unit owner which acts through it's managing partner or designated officer. Therefore, the member of the LLP is properly on the Board as the authorized representative of the unit owner. The Maryland Condominium Act, under the Real Property Code, states any unit owner may be... View More
Hello I gave a 60 day notice to my rental office that I would vacate my unit on October 31, 2024. I moved my things out on Sunday October 27th, 2024 and left the keys in the drop box because I am moving over an hour away and it would be a hassle to return them this week. Yesterday as I was... View More
answered on Nov 1, 2024
Not really. Once you turned back possession of the premises, they were legally entitled to come in and dispose of anything remaining. The Landlord would generally be protected in this type of situation.
answered on Apr 29, 2024
You would need to review your Condominium Association documents to see who is responsible for maintaining the pipes. It is either the Association or the owner of the unit.
The inspection turned up a variety of issues with the home. However, none of these issues are safety concerns. For example, even though the roof needs to be replaced in the next year or two, there are no immediate safety concerns. Under Maryland law, am I able to negotiate over minor issues or just... View More
answered on Apr 1, 2024
Do you have an agent? This is part of your contract, in the Property Inspection Addendum (I am also a broker). The addendum includes a tight schedule of notices and requests. Anything in the report is fair game.
I own a Condo in McDonogh Township/Maryland. A former Management Company mismanged our Condo Fees and made the Buildings unsafe. The HOA President fired that Management Company and implemented SPECIAL ASSESSMENTS to us the Owners. He has placed a Lien on my Property. I want it removed.... View More
answered on Dec 4, 2023
I believe you separately emailed my office, directly. The response is the same--Your recourse is through the Condo rules, and possibly a court action if the HOA is not following its own rules. However, while you may be able to obtain equitable (non-monetary relief), you are not going to recover for... View More
I want to get out and he tried an assumption and did not get it. Is my only option a lieu in partition? What does that inquire?
answered on Dec 1, 2023
Your other options are for your ex boyfriend to refinance the house in his name alone and to buy you out, for you to refinance the house in your name alone (with his consent) and you buy him out, or you both agree to sell the house.
amount but a few week later, I received notice that a lien was filed on my home. I contacted the lawyer's office several times and not got a call or email back. I continued to call the lawyer and my HOA because I was blocked from making HOA payments and have been ever since. The HOA tells me... View More
answered on Nov 24, 2023
A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Some questions go unanswered here, but you might have better chances of a response by including the "Real Estate" category. Given that time is of the essence here, and that... View More
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