Selling Property With Liens

Summary

In maryland, selling a property for less than the lien value requires lienholder approval, often through a short sale. The title cannot transfer until all liens are resolved. Courts can intervene in lien disputes, potentially ordering lien removal or reduced payments. Contested liens related to estates are typically handled by the orphans court, while broader issues may go to the circuit court. Consult legal advice for specific guidance.

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No. We've already spoken with more than one attorney, and they are confused. My basic question is: Can you sell a house for less than the value of the liens on that house? Is that legal to do? And, if you can, is it legal or possible to transfer the title, if there are remaining unpaid liens?
In Maryland, you can technically sell a house for less than the value of the liens on it, but the liens must be satisfied for the title to transfer. This often involves negotiating with the lienholders. Here are some key points:
- Short Sale: Selling the property for less than the owed amount requires lienholder approval.
- Title Transfer: The title cannot transfer to the new owner until all liens are resolved.
Would you like more detailed information on short sales or lien negotiations?
Can the Court order the attorney who filed the lien to remove the lien from the property? Or can the Court order the attorney to accept less money?
The court can potentially intervene in cases involving liens, but it depends on the specifics of the situation. Here are some general points:
- Court Order to Remove Lien: The court may order the removal of a lien if it finds the lien improper or unjust.
- Court Order to Accept Less Money: The court may also facilitate negotiations or make rulings that result in the lienholder accepting less than the lien amount.
Would you like more details on how these court interventions work in Maryland?
Can the mortgage holder sell the house and transfer the title without paying off the attorney lien?
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In Maryland, the mortgage holder cannot transfer the title without addressing and paying off the attorney lien. The lien must be satisfied for the clear title to be transferred.
Would you like more information on how to resolve liens or handle such situations in Maryland?
Which Court would rule on a contested lien? Is that something the Estate Court could rule on, or would it have to be done in civil court?
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In Maryland, a contested lien related to an estate is typically handled by the Orphans' Court (Estate Court). However, if the lien dispute involves broader contractual or tort issues, it may be addressed in the Circuit Court (Civil Court).
Would you like more detailed information on how to proceed with contesting the lien in Maryland?
Yes, if you could please give me some general information.
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Sure, here are some general guidelines:
- Orphans' Court: Handles most estate-related matters, including contested liens within the estate administration.
- Circuit Court: Deals with broader contractual or tort issues that may involve lien disputes.
Would you need more specific information on how to proceed with contesting a lien in either of these courts?