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Maryland Real Estate Law Questions & Answers
2 Answers | Asked in Consumer Law, Real Estate Law, Estate Planning and Public Benefits for Maryland on
Q: My father recently passed and had a TIC Property with my stepmother. Who is responsible for mortgage

Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?

I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I recently had a flood in my commercial rental ( I am a dentist renting a property for my private practice)..manager

Wont provide insurance information, as he said once the water is cleaned up he doesnt have to take care of damages or lost wages on my employees or even damage to my floors. What can I do?

Richard Sternberg
Richard Sternberg answered on Dec 1, 2019

Read your lease. Contact your rental premises, business loss, or other insurance policies (other than your professional malpractice policy). Meet with a lawyer now. Commercial rentals are not residential rentals, and the lease means what it says, but what it says may be subject to favorable... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is thereis 15 day grace period to pay rent to a residential group home in maryland
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland law does not impose a "grace period" for late payments of rent, but you may wish to check the terms of a particular lease to see if there is a grace period before late fees begin to accrue. Generally speaking, rent is due on whatever date the lease says it is due and unless the lease says... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: City is denying my claim with a ridiculous reasons, for damages caused by a dead tree that fell onto my garage? Options?

I live in Baltimore City, MD & I own my house with a detached garage behind. In July a dying tree on city property fell over & caved in my garage roof. The city is denying responsibility because I "didn't call them to tell them the tree was dying". But in actuality in August of 2018 I called to... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 26, 2019

If the structure is insured, make your claim and tell the insurer. They may wish to have you subrogate the claim to them to collect against the City. Once they pay for the damage, the proceeds from recovery usually belong to the insurer if they made a right of subrogation part of the policy. That's... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can 5-206 of the MD corp & Assn Code be used to modify the by-laws of an organization (HOA in this case) without quorum?

Our HOA is trying to introduce an amendment to modify the by-laws. They have notified (via mail) that if they fail to achieve quorum at the first meeting, tonight, that a second meeting will be called using 5-206. Presumably that meeting will be in mid-December. We are owners and previous residents... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 26, 2019

Your situation sounds like a growing number of those kinds of cases we are seeing. Condo boards are taking steps to cut or eliminate remote ownership. Unfortunately, I see no alternative but to retain counsel to review the entire bylaws and the process as measured against the Code and to look for... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My mortgage company did a modification on my mortgage. They gave me a 3 month trail period. That was about 7 months ago.

They are saying they can't complete the modification because it is showing I have another mortgage on the title from 2007,and I need to supply them with a copy of it.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

There doesn't seem to be a question in this post.

If an old mortgage is paid off but not showing as "released" in the Land Records it would be necessary to straighten that out. Lenders should mail something called a Certificate of Satisfaction or Release once a loan is paid off...
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2 Answers | Asked in Real Estate Law and Banking for Maryland on
Q: Does the buyer's bank have an obligation to complete their actions on a home sale in a certain period of time?

I'm selling my home in Allegheny County and buying another close by on a contingency of selling my house. The purchase of the new house has gone without a hitch. The sale of my current home however has been difficult. Buyer took a lot of time getting final documentation to her bank. Now her... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 13, 2019

You have no privity with the buyer's bank, and they have no duty to you. Indeed, they have a duty of confidentiality with their customer, such that they should not tell you if the real problem here is the buyer. Your contract with the buyer controls your relationship. The buyer's contract with the... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Is an AirBNB advertised as a party house legal in a residential townhouse community in Gaithersburg, MD?

Often there a more than 20 people in the house. They violate our parking regulations. Trash our common areas and are disruptive as they come and go any time day or night.

Richard Sternberg
Richard Sternberg answered on Nov 3, 2019

I just assume you haven't bothered reading your HOA regulations and Covenants and Bylaws, if any. Why don't you start there.

2 Answers | Asked in Real Estate Law for Maryland on
Q: In MD can I be on a sale contract for a home if I’m not taking out the mortgage or can I only be on the deed and title?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 28, 2019

The sales contract will usually match the deed. In other words, whoever is going to acquire the property should be identified. Sometimes acontract purchaser will just list their name "and/or assigns" as buyer so they can assign their interest to someone else. But typically if 2 people are... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I be sued for $19000 because the basement gets water in it sometimes?

Sold my home “as is” and now I’m being sued by the buyers because when it rains hard water comes into the basement.

Richard Sternberg
Richard Sternberg answered on Oct 24, 2019

Yes, you can be sued. Indeed, you know that because apparently. You have been sued. If you knew and concealed a latent defect. You can also lose, potentially with treble damages, punitive damages, costs, and attorneys’ fees, depending on where. You need a lawyer now.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Does title insurance cover improperly subdivision Issues with the county on a piece of property.
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 18, 2019

It may. But the specific facts of your transaction are essential to any lawyer giving you a coverage determination. How you frame your title policy claim is important, as an improperly worded demand for coverage could result in a denial that is tough to overcome. If you are in active litigation,... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Is it unlawful in MD to keep a deposit on an "as is" property sale if you fail to disclose a known structural defect?
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 15, 2019

Perhaps, it depends on all the circumstances and the reason for termination of the contract. Of course, whether it is legal or not really depends on the willingness to pursue recover. Your standard MAR contract has mandatory mediation within the first year. And you must also consider the broker... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My home was foreclosed in july 2019. The home was owned by me and a co-owner. The deed was titled as tenants in common.

A few years after purchasing the home an individual who had a judgement against the co-owner n another county in maryland, came to the county where the home was owned and attched the judgement. The home was sold by the bank for a $150,000 profit.

Am i entitled to half of that money since... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 3, 2019

If you mean that the foreclosing bank generated a surplus from the subsequent sale out of foreclosure, then you must make claim for the surplus that has been deposited with the tax collector. Your co-owner may also make a claim, and the two of you may negotiate, agree or fight over the split. The... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Under Maryland law if my condo is vacant (5 yrs) and I have told the HOA, can I still be charged for a common meter?

I thought that if notified the HOA would exempt you from the common electrical meter. I own a condo in 6 - 8 unit building with a common electrical meter. I notified the HOA that the condo would be vacant while working out of the State, so my usage has been zero for over 5 years. The unit has... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 24, 2019

The answer almost surely follows your declarations and the democratic decisions of the elected board. Start by reading those documents.

2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it legal for five members of a nine member Board to meet (or email) to plan & agree on action at the next Board meet.

Is it legal for the Five to do this without including the community (aka public) and the remaining four Board members (who happen to be the officers of the Board)

Joseph D. Allen
Joseph D. Allen answered on Sep 17, 2019

The answer will depend on what kind of board is in question- government or private company/non-profit. And then if it is governmental, it will depend on the laws governing that particular board- in addition to the Maryland Open Meetings Act. If private, it will depend on the bylaws or other... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does the buyer under contract following an inspection have a right to recind their offer completely?

Buyer not given the right of repair.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 17, 2019

This all depends on the specific contract and the specific contract language. There is no one size fits all answer.

You are encouraged to seek legal advice if you have a question about the rights or obligations of parties under a particular contract.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can attorney charge $300 collection and attorney fees for $180 of HOA owed in Maryland?

I was out of the state temporarily and at which I missed 2 quarter HOA payment for January and April 2019 fees at $90 each for a total of $180. Upon returning in June, I found out I have mails about my delinquent account. I immediately tried to resolved it following up with the HOA management... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 23, 2019

Typically HOA documents say that homeowners will pay costs of collection, including reasonable attorney fees, for any past due accounts.

Maryland's Rules of Professional Conduct for attorneys requires that attorneys fees be reasonable based on the time and labor and complexity involved....
Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: In Cecil Cty, MD, am I able to file a contribution claim against my ex-husband regarding a home deficiency that I paid?

My ex-husband and I owned a house in Cecil County, MD, which eventually foreclosed due to him leaving the residence leaving me unable to pay the mortgage on my own. About 5 yrs ago a deficiency judgement was entered against both of us, but I wound up paying it solely on my own. I'd like to go... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 12, 2019

I suspect you have a statute of limitations problem, but you may want to review the facts with a lawyer in a sit-down consult. There may be an applicable exception.

3 Answers | Asked in Real Estate Law for Maryland on
Q: My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years.

My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years. Is she entitled to any proceeds from sale? He doesn't want to sell and has made her a super low ball cash offer to get her off of the deed. What are her rights? Can the court force a... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 8, 2019

Your mother-in-law needs to speak with a lawyer before making any deals. Where she resided for the past 20 years has no bearing on title to the house. If title was not resolved at the time of the divorce and the house was owned by the marriage, she probably owns half of it. Her ex can claim her... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Current tenant of home that is for sale. Surveillance video was recorded of real estate agent going through belongings.

I entered into a lease last month for my current home. The home is currently listed for sale. During a showing of the home, surveillance video captured the owner of the real estate company and acting agent, allowing a client to go through my personal belongings. What can be done about the... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 8, 2019

It might be interesting to see the video to determine how egregious the invasion was. The bottom line is that you will almost certainly be limited to the actual damages you experienced due to the trespass to your property. I suspect that would be zero, but an interview might uncover something. If... Read more »

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