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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: I need legal representation regarding a failure to disclose underlying conditions case. Thanks
Tim Akpinar
Tim Akpinar
answered on Dec 5, 2022

A Maryland attorney could advise best, but your question remains open for four weeks. In addition to your own searches, you could try the tab above, "Find a Lawyer." Additionally, many state bar associations have attorney referral services. Good luck

1 Answer | Asked in Family Law and Real Estate Law for Maryland on
Q: My father recently passed but he has a house in his name with someone as well that was falsely added

He purchased the property in 2003 but years later a women was added what should I do

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

Hire a lawyer to look into the title records, and provide a whole lot more details about who this woman was, her relationship to your father, whether she ever was romantically involved with him, or resided in the house, etc. If your father had a will, that should be reviewed. If there was an... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I have a commercial lease client who says they've installed footing in our arena. Now they want to take it. Can they?

When our client moved in, we had footing. Our footing was replaced and our agreement was that we would retain the new footing after they left. Now they've hired an attorney who is saying they're going to take the footing and leave nothing. Shouldn't our footing be a fixture that... View More

Richard Sternberg
Richard Sternberg
answered on Nov 30, 2022

Sounds like you need a lawyer to answer them. Unless altered by the lease, fixtures to property remain part of the property. Further, if the lease proscribes alterations without approval, there shouldn't have been any alterations, and, if the alteration was permitted, the approval should have... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: I'm a renter in an apartment complex in Havre de Grace Maryland I do not have a working shower or a working kitchen sink

Maintenance Request form was submitted over a week ago via multiple avenues (on-line form, hard copy as well as several follow up calls and no response whatsoever). Please help. I'd like to b showered for the holiday.

Richard Sternberg
Richard Sternberg
answered on Nov 21, 2022

It’s best to consult legal counsel, because landlord and tenant practice tends to be local, but Maryland law allows tenants to withhold rent and use that rent to repair health issues such as water, heat, and sewage service. You’ve notified. Hire the best licensed plumber in town for emergency... View More

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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: I'm a renter in an apartment complex in Havre de Grace Maryland I do not have a working shower or a working kitchen sink

Maintenance Request form was submitted over a week ago via multiple avenues (on-line form, hard copy as well as several follow up calls and no response whatsoever). Please help. I'd like to b showered for the holiday.

Mark Oakley
Mark Oakley
answered on Nov 22, 2022

The District Court has forms for starting a rent escrow action. A rent escrow action is where a tenant pays their rent into court, and not to the landlord, beause there remain serious unrepaired or unaddressed conditions in the rented premises that make the unit unsafe, unhealthy or unusable. No... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: We are closing on a home next week. Just found out that the survey of the property stipulate that the 2sheds in the fenc

In the fenced back yard are in a "do not disturb zone". What did that actually mean? The house has a highway on the back.

Mark Oakley
Mark Oakley
answered on Nov 19, 2022

Both the state and individual counties have zoning restrictions affecting development of land in certain protected spaces, including woodlands, wetlands, and along highways, among other locations. These are usually defined as restricting building and cutting of trees or clearing vegetation within... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Do the Home Owner Association have the right to stop home owners from walking their dogs on the property.

Or walking their dogs on the community street to get the dogs off the property for a walk on the public street.

Richard Sternberg
Richard Sternberg
answered on Nov 8, 2022

The answer starts with a review of the HOA bylaws. It continues to checking them against the covenants. It continues to reviewing the procedural integrity of the process that created the presumably new rule. And, then, at least as to rules involving public thoroughfares, the result gets checked... View More

1 Answer | Asked in Real Estate Law and Divorce for Maryland on
Q: How can my ex husband take over the condo? He isn’t on the mortgage though! He won’t be able to refinance?

I am on the mortgage he isn’t. But we are both on the deed. What is the process of how he can take the condo from me and my name come off?

What happens if my mortgage loan is not assumable though and my mortgage doesn’t transfer to

Him?

Baltimore county signed off on... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 2, 2022

A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.

A deed does not change who has responsibility on a mortgage, but...
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1 Answer | Asked in Divorce and Real Estate Law for Maryland on
Q: Can my ex husband who isn’t on the mortgage take over? We just got divorced

He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 1, 2022

Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Most mortgages aren't assumable, so he won't be able to "take over" the loan. Refinancing is the only option. If you remain on the deed, you'll probably have to sign the mortgage (not the note), so you may talk to a real estate attorney about the option of transferring the... View More

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2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

The general rule that mortgages are not assumable does not usually apply to situations where a spouse is getting a home. There is a specific federal law that allows a husband or wife to continue paying the mortgage in the ordinary course. To get more details you could contact an experienced... View More

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2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Maryland on
Q: How can my ex husband take over the condo we bought during marriage? We are now divorced and he wants the condo now.

We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?

How does it work if he wants to take over the loan? He... View More

Richard Sternberg
Richard Sternberg
answered on Nov 1, 2022

Your best course is to require that he refinance or that you sell the property. As long as you are on the mortgage, you are responsible for the mortgage loan and it will appear on your credit report as your debt.

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2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Maryland on
Q: How can my ex husband take over the condo we bought during marriage? We are now divorced and he wants the condo now.

We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?

How does it work if he wants to take over the loan? He... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 1, 2022

If you wish to remove your name from the underlying note, he must refinance. Period. "Taking over" often means he promises to make your payments, without changing the terms of the note and deed of trust. That must means you remain exposed when he misses a payment.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: If a sex offender moved next door and you go to sell your house, do you have to reveal to the buyers that you know?

The real-estate agent selling our house tells us that she must inform all potential buyers about the sex offender now that she has been made aware. Is this the case by MD law? My impression is that it is up to the buyers to discover and neither the sellers or real-estate agent are required to... View More

Mark Oakley
Mark Oakley
answered on Nov 1, 2022

Maryland's disclosure obligations in the sale of real property are set forth in Real Property Code Section 10-702, link below. It does not include disclosures regarding convicted criminals or classes of convicted criminals living in the neighborhood. Section 2-120 of the Code specifically... View More

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: I was suppose to close on a house yesterday on 10/24/2022 but my loan company has now asked me to verify some bank wires

This caused me to miss my closing date and now in order to approve the extension the seller wants us to release the escrow money to them which we are nervous to do.

1) We are reviewing our offer and need help to see if our offer was contingent upon financing?

2) If we sign to... View More

Mark Oakley
Mark Oakley
answered on Oct 26, 2022

It is almost impossible to imagine a buyer not knowing whether their contract offer was contingent on financing. The financing contingency is the single most important and most common contingency in real estate transactions. If, however, you used the GCAAR forms, then some sellers use a... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Does estate have to be closed before beneficiary receives money.

I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... View More

Richard Sternberg
Richard Sternberg
answered on Oct 20, 2022

If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... View More

2 Answers | Asked in Real Estate Law and Divorce for Maryland on
Q: My name is only on the mortgage my ex husband is not. but we are both on the deed. He wants to buy the condo.

He wants to take over the loan but he isn’t on the mortgage. Only the deed he is on, how can he take over my mortgage and take my name off?

My mortgage isn’t assumable. It’s conventional only. How can he refinance though if he isn’t on the loan?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

This question (or some variation of it) gets asked a lot.

The GENERAL rule is that a mortgage is not assumable. However, a federal law changes how the general rule applies in certain family situations involving residential property. When a home is transferred to a husband or wife, the...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: A pipe burst in an upstairs unit and did damage to a ground floor unit. Is the CUO responsible for repairs (ref 11-114)
Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Real Estate Law for Maryland on
Q: In Maryland home purchase, can I (the buyer) negotiate over minor repairs, such as the aging roof or deteriorating deck?

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

Thomas C. Valkenet
Thomas C. Valkenet
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.

1 Answer | Asked in Real Estate Law for Maryland on
Q: How do I get a lien removed from a property that should not have been placed?

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

Thomas C. Valkenet
Thomas C. Valkenet
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

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