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Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I gave notice to move at end of month. New place isn't ready. Landlord said I can't hold over. What happens if I stay

Leasing office said that my apartment is rented already and there are no other 2 bedroom units they could assign to the new tenants. It will be very hard to pack and get movers and be out by Tuesday. I've been told I'd I'm not out by Tuesday at 5pm they will take possession by... Read more »

Mark Oakley
Mark Oakley answered on Sep 26, 2020

They cannot legally do that. If you don’t leave you’re just a tenant holding over. They’d have to file an eviction proceeding. Could take months to get evicted.

2 Answers | Asked in Real Estate Law for Maryland on
Q: In cases of multiple owners of a property, does majority rule on questions of selling, renting, etc?

Also, would a majority ownership share rule?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 21, 2020

No. Unless there is a side agreement that describes such a voting system, every title owner has equal say in how the property is disposed of. That is the tricky part about having co-owners.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Need copy: Annotated Code of Maryland (1973 Replacement Volume), Title 8, Article 21, Section 102, & subsection thereof

Has to do with Ground Leases

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Contact the circuit court law library in the county or City of Baltimore where you live to see if they have the old volumes of the Code you are looking for; or you may contact the Maryland Department of Legislative Services, which archives all the laws.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Can a former landlord deny me from retrieving furniture I left there 3 yrs ago that I intended to get back eventually?

I lived in a shared group house 3 years ago. All furnishings were provided by various tenants, none provided by the landlord. I left 4 pieces of living room furniture there when I moved in 2017, telling the other tenants my plan to retrieve the pieces at a later time. I am ready to reclaim them,... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 16, 2020

Start by reading your former lease. It very likely contains a clause that items abandoned in the premises belong to the landlord. Even if it doesn't, you need to explain why landlord was responsible for bailing your property without his knowledge or consent for three years. And then, you need... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: I might partner on 2 rental properties. In addition to a contract, which is better, a lien or being added to the deed?

An acquaintance of mine (I’ll call him Ted) acquired two rental properties, one in Baltimore City and one in Baltimore County. After Ted's original business partner fell through (due $ and COVID), Ted asked if I could provide the money to convert both properties into multi-unit dwellings and... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

A deed and lien (mortgage) have two distinct purposes and different sets of pros and cons. However, one can't deed a property over without getting approval of the existing mortgage lender and without paying the applicable transfer and recordation taxes.

A deed would make one an...
Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What is the legal definition of when you have "secure financing" in the sale of a house? From case law or regular law?

If a contract says that a buyer has to "secure financing" by X date what is the actual interpretation of that? Do they need to be able to close the loan and sale or just show they have applied for a loan or just a pre-approval?

Mark Oakley
Mark Oakley answered on Sep 11, 2020

More than pre-approval. You get a commitment letter for financing from the lender, usually with a proviso that none of the borrowers qualifying information changes.

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2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Is rent to own the best way to buy/acquire a home in pre-foreclosure if you don't have the credit to take out a loan?

A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 28, 2020

You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Liability regarding water damage in an Ocean City, Maryland condo.

A split pack A/C in our Ocean City condo leaked and damaged our neighbor's unit. Are we responsible for the cost of repairs or should our neighbor's insurance cover these expenses?

Richard Sternberg
Richard Sternberg answered on Aug 28, 2020

Report the incident to your condo homeowners insurance and let them handle it. I realize that wasn't your question, and, yes, you are probably liable and are covered under the liability or the property damage provisions of your coverage. The other unit's insurance also likely provides... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: Seller will miss settlement of a land purchase due to contingency on Seller drilled Well. What are my options?
Richard Sternberg
Richard Sternberg answered on Aug 26, 2020

Start with the contract and consult your lawyer. If it isn't covered by your contract or you don't have a lawyer, you are probably cooked.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: There is a one page addenda called the First-time Maryland homebuyer Transfer and Recordation Tax Addendum. Section III

Under Section III, we said buyer and seller to pay equally. Do we split .25% if the buyers qualify as a first-time homebuyer. Or, does the seller pay the .25%. If you cannot answer, please refer this question to a real estate attorney. I have been trying to get an answer for hours! It is a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 26, 2020

There are 3 different transfer and recordation taxes in Maryland.

One of these taxes (state transfer) is .5% and is affected by the status of the buyer as a 1st time homebuyer. That tax is dropped in 1/2 to .25% for a first time homebuyer, and the Seller must pay ALL of that tax....
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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...
Read more »

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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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