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COVID-19 Maryland Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: I am buyer. Seller did not disclosed information about solar panel contract. Can I refuse to buy and get my depositback

Do I need an attorney or it can be mediated?

Mark Oakley
Mark Oakley answered on Feb 2, 2021

Need more facts. What, exactly, is the non-disclosure? That warranty repairs were limited to manufacturer warranties? That disputes under the solar panel contract can only be resolved by binding arbitration in Chester County, PA? Or that the solar panels have a balance due with 48 monthly... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Thank you, does the estate have to be reopened for the PR to sell the home? It is currently closed.

Thank you for answering my last question. The estate is currently closed and has gone through probate and was closed many years ago.The personal representative's lawyer sent a letter certified mail saying that if the heir living in the home does not willingly agree to sell the home as an heir... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

My prior answer stands. The answer depends on whether the estate is open and who is in title on the home. If this is related to the other question I saw in which a probate was closed many years ago in PG County but the house was not transferred, then it may be necessary to reopen the probate to get... Read more »

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: How long would the process take of making a complaint for the sale in Lieu of Partition in Prince George's county, MD?

An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of... 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...
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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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2 Answers | Asked in Real Estate Law for Maryland on
Q: My sister and I have Joint Tenancy and co-own a townhouse; How do we calculate her investment?

I have been paying all expenses for the property for the past five years and we secured a mortgage ten years ago. My sister now wants me to purchase her share of the property. How can I determine how to work this out since she has a “fixed” price in mind that does not match your investment?

Thomas C. Valkenet
Thomas C. Valkenet answered on Jul 27, 2020

Where expenses of ownership are not equally shared, there is a broad range of negotiation possible. First, you must make the calculations concrete. Gather the facts and documents. Your co-owner can review the data with a financial or legal advisor. Absent a negotiated agreement on the proceeds of... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: How do I prove that the people who bought my house got over on me?

So I sold my house as is and we had to do everything thru video call cause the virus has closed everything down so I had the one hud paper then after I sign the paper they sent me another hud paper thru email and instead of getting the $19 thousand and some change they changed it to me getting... Read more »

Richard Sternberg
Richard Sternberg answered on May 25, 2020

The rest of your statement didn't appear in the question as it was first presented to me. But, the answer still requires that someone go over the HUD-1 with you. That someone should have been the title agent, but the title agent is selected by the buyer. You may have needed your own lawyer if... Read more »

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4 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: How can you do a deed in lieu of Foreclosure if your home was included in a ch.7 bankruptcy?

The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?

Mark Oakley
Mark Oakley answered on May 21, 2020

If you discharged the mortgage obligation in a Chapter 7, you are no longer personally liable on the debt; however, the lien of the mortgage remains on the property. You do not have to do anything in this scenario. Many debtors discharge their personal liability on a mortgage load but continue to... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Are landlords allowed to go & maintain rental properties under the stay-at-home order in MD, if properties are vacant?

Tenants are moving out, but as an owner/landlord, I need to switch out locks, clean, and maintain the residential rental property. As an owner, if my rental home is vacated, am I allowed to go, under the current COVID-19 MD stay-at-home order?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 21, 2020

At the outset, we are working under a totally new set of rules and while attorneys can attempt a reasonable stab at interpretation, no one has had the ability to see how things would play out if challenged. Under the Maryland order, employees and owners generally may go on-site to non-essential... Read more »

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Can a tenant legally remain in a property that is being sold?

I am in the process of buying a house. The house is currently occupied by tenants. The tenants were given notice of the home being sold by the sellers on April 1st, giving them 30 days to move out. The tenant refused to let our inspector inside the house due to COVID-19 risk, but agreed that the... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 15, 2020

There are two intertwined questions in the scenario. First, can a tenant "legally" refuse to leave if their lease is up and they've been given proper notice? Assuming the appropriate notice has in fact been given, legally, "No."

That said, the second and...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: How could I back out of a house purchasing contract due to the impending housing market downturn due to COVID19?
Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 9, 2020

Your potential remedies are written in the contract. It depends on the available contingencies, and whether they have expired, and what may constitute a default. However, a change in the market after a contract becomes specifically enforceable is rarely grounds to back out. But this is America, and... Read more »

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