Legal Question in Real Estate Law in Maryland
How is a "sale in lieu of partition" handled when there is no equity in the house? The property can currently be expected to sell for $350,000 and the mortgage balance is $400,000. So, in the end, approx. $85,000 will be owed when the house is sold.
1 Answer from Attorneys
Assuming each owner agreed to be personally liable for debt (as with most mortgages) they should share in the deficiency at closing and bring enough cash to the table to satisfy the liens. In a situation where an individual debt is involved (for instance, if one of the owners has a judgment against them) only the person who incurred the debt would have any obligation to pay.
Alternatively in a situation with no equity you might attempt a "short sale" by approaching the lender and negotiating a release of the mortgage lien for the amount of sale proceeds. Note that short sales involve many factors including the income and financial status of the owners.
The above is general information and may not apply to the specifics of your situation. If you are in or contemplating litigation, I encourage you to seek legal advice by consulting with a local attorney as soon as possible.