Legal Question in Real Estate Law in Maryland

Foe the past year all payments send to our second mortgage company have been returned. Turns out that the company is gone out of business. This was a small one owner company. How do we get this second lien of of us?


Asked on 1/20/10, 2:59 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Unless you can somehow get the holder of the note to agree to release it, you will have to wait 12 years from the date the last payment was made. The law says that if no action is taken to enforce the lien during that time, there is a presumption that you are entitled to have it released. If you want to get something accomplished sooner, you could try to locate the owner of the company and try and negotiate something. If he's uncooperative, you could send him a certified letter saying if he doesn't respond you will assume he's not interested in collecting on the mortgage. Then try filing a suit to quiet title and if he doesn't defend it you might be able to get the lien released even though under the law you wouldn't be entitled to it.

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Answered on 1/26/10, 6:39 am


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