Legal Question in Real Estate Law in Maryland

What can you do if your name is on a deed with 3 other people, but the mortgage is only in 2 of the names? I don't live at the property or pay the mortgage, the 2 people that's names are on the deed, but not the mortgage pay the mortgage and it has been this way for 12 years. I called the mortgage company and they said we could assume the mortgage, but if it was ever to default it would still fall back on me. Is there a way to assume the mortgage without being liable? I don't believe the 2 other people can refinance the house, because of their credit. I just want the house gone and out of my name, please help.


Asked on 3/25/15, 9:44 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Assuming the mortgage means you'd become liable, so no, there is no way to assume it without being liable.

Generally a co-owner who wants "out" can contact the other owners and try to negotiate a buy-out. If that fails, Maryland law does provide a way for a forced sale but it is more expensive and requires starting a lawsuit. The Court can appoint a Trustee to take over and sell the property, even over the objections of the co-owners. However, it may be wiser to try and negotiate some resolution first.

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Answered on 12/03/15, 2:25 pm


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