When is a deed in lieu considered complete in MD?

I'm doing a deed in lieu with a bank on a condo in Baltimore county, MD. I sent in the signed deed in April2013 to their attorney and the bank has sent in their signed docs but it hasn't recorded yet. The bank also paid my outstanding condo lien in May2013, but I have been paying the monthly condo fee thru May 2013. Condo assoc says I'm paid until July 31 and expect me to pay the condo fee until the deed is recorded. That could be many more months, I have no control over that. I thought when you delivered the deed whether it was recorded or not, you were done. What is the law on this in Baltimore County, MD?

Owings Mills, MD -

Attorney Answers (3)

Lawrence Roger Holzman

Lawrence Roger Holzman

Litigation Lawyer - Greenbelt, MD
Answered

You are ON the hook until that deed is recorded. You may want to speak to a lawyer about your options. did the bank agree also to waive any deficiency against you? If not, your troubles may not be even close to over.

Feel free to call if you want to chat.

Lawrence Holzman
(301) 876-4393

Diana Carolina Valle

Diana Carolina Valle

Foreclosure Attorney - Bethesda, MD
Answered

Unfortunately as long as you have legal title on record you are liable for the condo fees, being my reason for deep distaste of condo associations. You might also want to see if the deficiency against you was waived although that could have tax consequences for you, as the amount of forgiveness could be considered income.

Perhaps you could try calling the bank and asking them to record it. If you stop paying the condo fees usually the condo association could file a lien on the property but you run the risk that they could sue you personally based on the contract you signed when you purchased the property.

Sorry!

Cheryl Rivera Smith

Cheryl Rivera Smith

Real Estate Attorney - Frisco, TX
Answered

You are at their mercy until they record your deed. Sorry.

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