prepared by Arden Law Firm’s experienced & licensed real estate attorney(s). Our lawyers are licensed in Maryland only.
We offer help with deeds in nearly every Maryland county.
Real Estate Contracts of Sale for Family Conveyances and For Sale By Owner as well as Rent-to-Own Agreements.
Private Party loan / mortgage documentation in exempt situations (seller held, commercial and family loans)
Residential Leases in select Maryland counties.
Investment and Purchase Deeds
Deed to LLC or Corporation
Liquidation Deed to Individual
Purchase Deed
Rent-to-Own Contracts and Agreements in Maryland between Landlords and Tenants.
Private loan / note documentation including secured promissory note, deed of trust (mortgage)
Exempt parent/child loans
Exempt sibling mortgages
Exempt investment / commercial loans
Investment and Purchase Deeds
Deed to LLC or Corporation
Liquidation Deed to Individual
Purchase Deed
No-Consideration Transfers among family members including deeds between:
Parent(s) & Child(ren)
Husband & Wife
Brother(s) & Sister(s)
Grandparents & Grandchildren
True Gift / No Consideration / Quit Claim Deeds
Inheritance, estate and planning deeds including deeds:
Executor / Personal Representative Deeds
Transfers to/from Revocable Trust
Life Estate Deeds (including enhanced life estates / payable on death transfers)
A: Insurance companies make the most money when the risk is significantly lower than the policy they offer. If the risk is very unlikely, the insurance would make a lot of money for the insurance company and be a waste for the consumer. For example, if someone sold you a policy that paid out if you were ever struck by lightening it would probably be pretty lucrative for the insurance company but statistically the risk would be pretty low for you.
Since deeds must be notarized and recorded at government offices, it is difficult to see how a stranger could sneakily “steal” someone’s house title in Maryland and in fact as a real estate law firm we’ve not seen this in the thousands of deeds we’ve reviewed. (We have seen a few instances of fraud, but almost always committed by a very close relative, business associate or friend). We can’t say title theft could never happen but it strikes us pretty unlikely. You can chose to spend your money as you wish but we personally would think funds better invested elsewhere.
Note that the recently advertised insurance against title theft targeting people who already own their home is entirely different than an owner’s policy commonly purchased when one buys a home insurance that the title search picked up everything it should have.
A: What you are describing is seller-held financing. Usually a landlord would have a sales contract with the tenant and then have loan documents prepared (including a promissory note and deed of trust) to be signed at settlement. The security instrument (deed of trust) would be recorded in the Land Records to basically put the world on notice of the seller’s lien until the mortgage is paid off. The buyer has the right to select their own settlement / title company but usually the landlord’s attorney would prepare the loan documents and provide them as part of the settlement package. You’re welcome to call our firm to get more information about a seller take back mortgage.
A: While real estate brokers can help market property and navigate the sales process, people are free to sell their homes without agents. It is difficult to know all of the mandatory disclosures required by state and local law without being a real estate professional. The typical real estate contracts most commonly used by agents in Maryland (MAR form contracts) are prepared by attorneys for use by realtor members of a particular association (e.g., Maryland Association of Realtors or MAR). For Sale by Owner situations usually benefit from having a real estate contract and applicable addenda prepared by a real estate attorney. Depending on the situation, an Owner might also want representation at Closing. Our real estate lawyer can prepare county-specific contracts to sell your home or investment property for a flat fee, you’re welcome to browse our site for more information or give us a call.
A: Obviously both parties must agree but a lease-to-own or purchase option situation should have a dedicated agreement, separate from the lease, that describes the key terms. Normally a rent to own agreement will spell out a time frame to exercise the option to buy and contain other critical details (such as how much rent, if any, will be applied to the purchase price). You’re welcome to reach out to our firm to get more information on how we might assist.
A: Generally, no. While an owner can, in some limited situations, transfer property with an existing mortgage to a close relative, almost all mortgages have a “due on sale” or “due on transfer” clause that means the mortgage must be paid in full on date of transfer. We do not assist with “subject to” transfers that attempt to get around the requirement to pay off the loan.
(Now if you are married to the current owner or a child of the owner the answer might be different but we assume you mean to buy an unrelated person’s house without paying off their mortgage which is problematic)
$0 - Free
No Cost 5-10 Min Phone Call
or email exchange with Attorney.
$250
Private consultation (1 - 1.5 hours) with experienced Managing Attorney. In Person, Virtual or Over the Phone.
Schedule
Call us weekdays
Monday - Thursday: 9am - 5pm EST
Friday: 9am - 1pm EST
Fill out a brief form to describe your legal question or need.
Privacy Policy and Terms of Use