Legal Question in Real Estate Law in Maryland
Adverse Posession and Mortgages
If someone owns property as a
tennant in common with another
and gives a mortgage on that
interest, yet successfully adversely
possesses the property so as to take
over the other tennants in common's
interest, then what interest can the
mortgagee take upon foreclosure?
Can the mortgagee take all of the
interest that the adverse posessor
now owns, or only the interest that
the a/p offered as security b/f the
adverse possession claim was
sucessful. IF the latter is true, then is
the adverse possessor now a tennant
in common with the mortgagee?
1 Answer from Attorneys
Re: Adverse Posession and Mortgages
When you say "successfully adversely possesses the property" what does this mean? Do you have a court order? It is very difficult to claim adverse possession on a co-tennant in common. Nonpossessory co-tenants do not relinquish any of their rights as tenants-in-common when another co-tenant assumes exclusive possession of the property. Adverse possession would require an "ouster." I suggest you contact a real estate attorney.
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