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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: I live in Maryland and I have a home with my ex boyfriend which we are both on the deed & mortgage. I want to get out

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?

Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: I was having financial difficulties and got behind on my HOA payments. I used a state program to pay off the past due

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

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Real Estate Law for Maryland on
Q: I have 2 properties on my road no one else in the neighborhood has my road as there address my neighbor keeps using it c

Can I claim the road as my own?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 10, 2023

I am not a Pennsylvania lawyer. You need a local counsel who knows about express easements in the chains of title, and possible adverse use easements, easements by implication, necessity, and those created by plat. Good luck!

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1 Answer | Asked in Real Estate Law for Maryland on
Q: My gutter moved away from my house, allowing rain to go onto the exterior of my neighbor’s attached house.

Minor rot damage resulted. Am I financially responsible for repairs?

Scott Scherr
Scott Scherr
answered on Jun 29, 2023

You could be liable for the damages if it was caused by your negligence in maintaining the gutter. If they make a claim, you can turn it over to your homeowner's insurance which should cover it.

1 Answer | Asked in Consumer Law, Real Estate Law, Internet Law and Landlord - Tenant for Maryland on
Q: Can I take legal action against HABC.org (Housing Attorney of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program with HABC (Housing Authority of Baltimore City). I begin working with the... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Take them to small claims court and good luck. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: wrongful detainer was filed, however I asked the judge to dismiss the case as it was the incorrect action as I pay rent.

Plaintiff (P) stated a landlord/tenant was filed previously but was dismissed. On that particular L/T case, I asked for a postponement due to illness. But previous judge dismissed case because (P) lawyer stated a dishonest answer that I paid nothing. (P) lawyer then filed a wrongful detainer... View More

Richard Sternberg
Richard Sternberg
answered on May 9, 2023

It is difficult to decipher your description, but the mechanism for challenging a judge's decision is called an appeal. If you don't understand the judge's decision or how to follow the procedures of court, you might be well served to retain a lawyer for your next case or for the present appeal.

2 Answers | Asked in Real Estate Law for Maryland on
Q: How to find out if a business had a grandfather clause

This business was run in Maryland and the business was inherited. It was told to us that my uncle was grandfathered into the business and we are trying to see how that was done. It would have changed hands around 1990 to 1993. It is called Eatons Fish Hatchery, 10701 Putman Rd, Thurmont, MD 21788

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2023

You haven't provided enough information to enable me to answer. It might be best if you understood and used the term "grandfathered" correctly. It is not a term of art in law, but it is often used to mean that some law or regulation came into effect on some date but could not be made... View More

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1 Answer | Asked in Real Estate Law and Constitutional Law for Maryland on
Q: Profile Case - Name on Deed not Mortgage. Trustee sold .Did not sign any paper work

Case - located on line and News paper. I was left homeless from this case. I tried to get a pro bono attorney. No one would take this case. Went to the Attorney Grievance Committee no help. Went to xx who wrote the first article to try and get him to publish what had happened. No help. There was to... View More

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

Maryland Volunteer Lawyer Services can help connect you to willing pro bono attorneys with some expertise in real property and mortgage matters. You can apply on-line by providing basic income information to see if you meet the income requirements. Good luck.

1 Answer | Asked in Real Estate Law for Maryland on
Q: I was misled by the builder when I purchased this house. I would like to know if I have any recourse.
Richard Sternberg
Richard Sternberg
answered on Mar 4, 2023

There are several potential causes of action that may apply. Sit down with a local lawyer to review your facts.

2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: If there are things coming to light in a house we purchased that we’re not disclosed what can be done
Richard Sternberg
Richard Sternberg
answered on Nov 2, 2022

Consult counsel with details, but those details do not belong on an open, Internet site.

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?

Daniel Staeven
Daniel Staeven
answered on Oct 18, 2022

The simple answer is that he cannot take your name off the mortgage. He needs to refinance to take your name off the mortgage. There is an old strategy whereby he can assume the mortgage but this takes the approval of the mortgage company. The mortgage company would, however, still want to keep you... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Does "No trucks in excess of two (2) tons" mean a truck that weighs 2 tons or a truck with a load capacity of 2 tons?

The full clause (from an HOA CC&Rs) says "No trucks in excess of two (2) tons, buses, tractors, trailers, or the like, or any vehicle used for commercial purposes and displaying commercial lettering or signs, may be parked on any Lot or any street, except with the approval of the Board of... View More

Mark Oakley
Mark Oakley
answered on Oct 9, 2022

I would argue that the term "two (2) tons" refers to the classification of the truck and not its actual weight or load capacity, because nearly all pickups and many passenger cars exceed 2 tons in total weight. Open the driver's door to your vehicle, and look at the... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: I'm interested in becoming squatter as I'm homeless n my family over a yr now we have ssd coming in but it's not alot

we live in MD. is there a recommended how to book on becoming a squatter or information in steps I need to know to take.

Scott Scherr
Scott Scherr
answered on Oct 4, 2022

I am sorry for your situation. Squatting is illegal since you are trespassing and lawyers will not give you advice on squatting.

1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: My son in law passed and i have legal custody of both of his children and i'm representing the estate can we rent the

home without transferring the loan?

Mark Oakley
Mark Oakley
answered on Oct 1, 2022

Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: My ex husband has died, his brother has filed probate of estate for the house. I have also filed probate of estate

Now a judge has to make a decision.

I was told since I have a child with the deceased he is next of kin.

What are my chances here?

Richard Sternberg
Richard Sternberg
answered on Sep 28, 2022

You question is posed for Maryland, but you seem to be in DC. This answer is based on your ex-husband residing in Maryland. I also assume that you've written "ex-husband" because you were divorced before he died. If you are his widow, your priority is higher. In Maryland, the... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: I am the mortgage lender on a commercial property and the buyer died. How do I get the balance due on the loan?

The heir apparent is the present owner of the property and is willing to continue making payments on the existing loan. How do I obtain an agreement to this effect.

Richard Sternberg
Richard Sternberg
answered on Sep 27, 2022

I’d have to research the specifics, but, generally, the heir can continue to pay the current loan with no further documentation, and the mortgagee remains secured by the property. You could probably prepare an endorsement of the note or enter a new loan on the same terms.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: In the state of Maryland do I need to be informed if there was previously a meth lab on the property I just purchased?
Mark Oakley
Mark Oakley
answered on Sep 26, 2022

No, not specifically. If this is a normal purchase of a residential property (e.g., not a foreclosure sale), then the seller must "disclose any latent defects of which the [seller] has actual knowledge that a purchaser would not reasonably be expected to ascertain by a careful visual... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Under Section 14-104(c) Does the Seller pay ALL transfer and recordation tax unless an addendum is signed

It has been my experience that Title companies automatically split it under the MAR Contract except to charge the seller the full amount of the State transfer tax Is this correct?

Daniel Staeven
Daniel Staeven
answered on Sep 20, 2022

The title company only operates from the contract and will split the transfer and recordation taxes if the contract so states. Your question missed the second part of Tax Property 14-104(c) which says "unless there is an express agreement between the parties to the agreement that the... View More

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I bought a property in a tax sale, there is no mortgage do I have to pay a transfer tax
Daniel Staeven
Daniel Staeven
answered on Sep 14, 2022

It is likely that you will have to pay transfer tax on the money paid to obtain the tax sale. A tax sale deed is obtained from the Director of Finance or some similar official at the county where you purchased the tax sale. You will need a title company to record the deed and pay the appropriate... View More

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