Legal Question in Real Estate Law in Maryland

I live in Maryland and own a home as tenants in common with a relative for whom I have a notarized general durable power of attorney signed in 2009. Maryland's power of attorney laws were made more stringent in Oct., 2010, but did not revoke earlier powers of attorney. I want to sell the home, but my relative now has advanced dementia and cannot sign the newer form, nor anything else. I met with a real estate agent who later informed me that his boss was reluctant to have him represent us. since I have a pre-October, 2010 power of attorney. Someone he consulted said that it is not so much the settlement attorney's who will not accept the older powers of attorney, but the title insurance agents. Any suggestions that will not cost a lot of money?


Asked on 2/08/13, 8:30 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Unfortunately the only option if you can't get a title policy would be to go through a guardianship proceeding, which would be expensive even if there was no opposition. I suggest you contact a title attorney and ask them to get an opinion from whatever company they represent. The largest is First American Title, but there are a few others. Of course, if your buyer would have the right to select the settlement agent and thus the title company, but if you get a favorable opinion (which you should) you could encourage your buyer to use that company.

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Answered on 2/08/13, 8:56 am


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