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?


Asked on 12/16/08, 1:12 pm

1 Answer from Attorneys
Michael McCarthy Guydon Love, LLP

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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Answered on 12/16/08, 1:22 pm


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