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When does the property actually change hands in Maryland?

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  • When does the property actually change hands in Maryland?

    The house was sold as a result of foreclosure on date A through trustees at an auction. The bank representatives bought it back, the deed is not registered with the MoCo Office of the Assessor yet. I assume, it will be registered on date B. When does property actually change hands? date A, date B or sometime else?

    Practical implications: who is responsible for building maintenance between date A and the effective date of property ownership transfer? If there are tenants on the property, who is their landlord between date A and B?
    Last edited by mzu2006; 01-12-2016, 01:22 PM.

  • #2
    Responders - here is OP's prior thread for reference.

    http://www.laborlawtalk.com/showthread.php?t=317734
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    • #3
      Once sold, the seller loses all rights to the home. You can read about the process here http://homeguides.sfgate.com/long-af...fer-65332.html. You can find more on the process in Maryland here https://www.deeds.com/forms/maryland/
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Thank you for the links.
        1. The second links says that "No .. deed is .. able to take effect .. until put in writing, executed and recorded... Real estate deeds should be recorded in the county where the land lies". So until the deed is recorded the previous homeowner still owns the property, responsible for maintenance, can collect rent from tenants etc. Is this correct?

        2. The first link says that "Once a home is sold .. the previous owner's property rights are ended and the new owner takes title through a deed transfer." This means that new owners are responsible for maintenance.

        3. Furthermore, here: https://www.rocketlawyer.com/article...-a-title-ps.rl, it is said that "failure to file them (deeds) does not change the transfer of title", so the titles ("equitable title" and "legal title") are transferred upon sale date, so new owners are responsible for maintenance.

        I am confused, as #1 contradicts #2 and #3.

        So, from the practical standpoint:
        A. Assume I am a tenant in such a house. Should I sue old or new owner for the lack of maintenance after day "A"?
        B. A fire inspector visited the property after date "A" and found some violations. Who foots the bill to have them corrected? New or old owner?
        C. Assume I am a tenant in such a house. On what date do I stop paying the rent to the old landlord?

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        • #5
          Once it is sold, the seller is done. Whomever buys it is responsible for the property.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Thank you for the prompt reply,
            I might have expressed myself incorrectly, please excuse me as English is not my first language,

            Once it is sold, the seller is done
            I understand that. So my question is when the house is considered "sold". Is it date of sale, date of deed transfer registration or some other date?

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            • #7
              Originally posted by mzu2006 View Post
              Thank you for the prompt reply,
              I might have expressed myself incorrectly, please excuse me as English is not my first language,


              I understand that. So my question is when the house is considered "sold". Is it date of sale, date of deed transfer registration or some other date?

              I would consider it the date of sale. When the dead transfer is registered it will reference the date of sale.

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