Legal Question in Real Estate Law in Maryland

sale of home

My home was paid off in 1992. I personally sold the home to a couple in 2005. They do not pay the mortgage on time and have not paid the house taxes. The home will go into foreclosure if the taxes are not paid by 4/21/08. Can I get the home back if I pay the taxes because they have violated the contract?


Asked on 4/01/08, 9:28 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: sale of home

I assume you hold the mortgage (take-back financing). If not, then you have no interest in the matter. If your mortgage or deed of trust is a standard form document, then it will have a provision making it a default not to pay the taxes, and allowing you to add them to the mortgage balance if you pay them. Of course, their non-payment of the mortgage is also a default, entitling you to foreclose. Your remedy, in any event, is to foreclose, not to just take back the house (unless you didn't really sell it, but entered into some other deal like a lease-purchase or "contract for deed," either of which raise other issues).

Read more
Answered on 4/01/08, 10:35 am
Daniel Press Chung & Press, P.C.

Re: sale of home

I assume you hold the mortgage (take-back financing). If not, then you have no interest in the matter. If your mortgage or deed of trust is a standard form document, then it will have a provision making it a default not to pay the taxes, and allowing you to add them to the mortgage balance if you pay them. Of course, their non-payment of the mortgage is also a default, entitling you to foreclose. Your remedy, in any event, is to foreclose, not to just take back the house (unless you didn't really sell it, but entered into some other deal like a lease-purchase or "contract for deed," either of which raise other issues).

Read more
Answered on 4/01/08, 10:40 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland