Legal Question in Real Estate Law in Maryland

My husband passed away leaving a 520,000 mortgage debt with BOA. I am not on the loan but on the deed to the property. BOA won't discuss issues with the loan with me but have taking my money for 2.5 years. Now I would like to buy my own property but am not able to because my name is on the deed as a joint owner with my husband. How do I get my name off the deed? Is it possible to remove my name off the deed?


Asked on 6/07/11, 7:39 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You are now the sole owner of the property, so you can sell it at any time. If you are "under water" meaning the property is worth less than the mortgage balance, you can try to see if BOA will agree to a short sale. This would allow you to sell it for whatever the mortgage balance is if you can find a buyer at that price. Did you open an estate for your husband when he died. You could still do so and get yourself appointed as personal representative of the estate. If you did that, BOA would have to deal with you about the loan. You could also stop paying the mortgage and offer to deed the property over to BOA if there's no equity in it

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Answered on 6/07/11, 8:48 am


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