Legal Question in Real Estate Law in Maryland
Dual Ownership on Property
My mother and my great-aunt own property that was given to them be my great-grandparents. My mother has lived on the porperty since both have passed away where my great-aunt has not. My mother would like to put a new house on the property to replace the existing house. The mortage company says it can't go through with the loan unless my aunty signs a document. My great-aunt has a mental condition and lives with her boyfriend. Is there anyway possible my mother can be able to put the house on the property without my aunt signing something? The house was put up for tax sale but my mother bought it back before it went up for auction. Does this mean that she is now the owner of the property?
1 Answer from Attorneys
Re: Dual Ownership on Property
No lender will give a mortgage loan on property without securing the signatures of all property owners on the deed of trust (mortgage). This is because if there is a default on the loan, the deed of trust is the legal document which gives the lender the right to call the loan and foreclose on the property.
If your aunt's mental condition prevents her from being legally competent to sign documents, you may have to apply for a guardianship over her unless she has a durable power of attorney in place already. This is done in a court proceeding.
Your mother didn't attain sole ownership of the property by paying the taxes because the property never went through the tax sale process as I understand your scenario. Ironically, had it actually gone through a tax sale and had she become the successful bidder, she may have acquired sole title after the redemption period.
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