Legal Question in Real Estate Law in Maryland

Release of deed of trust

How do I petition the curcuit court of maryland to gain release from a recorded deed of trust that is not acurate?

The lender recorded two notes. 5 years ago. Only one is active and in good standing. The second note prevents me from refinance or sale of the home. We signed two settlements with the understanding that the note which did not end up with the disbersment of funds would be invalid and not recorded. Yea I know, pretty stupid!! The broker and the mortgage company that is recorded as the assignment company are out of business. The holder of the valid note has no record of the invalid note. There is no active company to issue the release. Please help!!!


Asked on 8/27/03, 2:11 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Release of deed of trust

You will have to file a suit to quiet title. This asks the court to release the invalid lien from your title. You will have to establish the invalidity of the note. You ought to engage an experienced real estate attorney to handle this for you.

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Answered on 8/27/03, 2:50 pm


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