Legal Question in Real Estate Law in Maryland

Hello, my name is Josh and I'd like to buy my moms house. We would like to have it so that i pay her payments and leave the bank out of it if possible. She owns her house free and clear. As for me... I own a home that I bought 1 year ago and would like to put it on the market so I can buy her house. (I will likely brake even if i do so) We discussed all of this with her financial advisor who who seems to be against the whole idea as they believe there firm can put 7% in her pocket per year by investing the money from the sale of her house. Mom and I still would like to proceed with the idea of paying payments or something of that nature. however we don't want her to take to a huge loss doing so. Is this realistic and if not are there any other options. Thanks!


Asked on 8/08/13, 9:43 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

There are two primary ways to set up a purchase as you described. The parties can either do a land installment contract where the purchase price is paid in monthly installments (but a deed isn't recorded immediately) or the selling family member can deed outright with a private mortgage loan to the buyer. Any mortgage lien should be recorded but so long as you set it up properly and the parties agree one can avoid using a bank or commercial lender.

There are pros and cons to either set up which you may wish to discuss with legal counsel.

If return on money is a concern, the buying family member can agree to pay competitive interest. However, attorneys are not usually financial advisors and figuring out the best investment is a different question.

You are encouraged to seek legal counsel as preparing the mortgage or other paperwork with such a transaction involves a variety of legal considerations. My firm assists with private seller-held mortgages or land installment contracts on a flat fee basis and you are welcome to call for a no cost phone consult of up to 10 minutes or contact another Maryland lawyer or firm of your choosing.

While I hope this general information helps, it is not intended to create an attorney/client relationship or to take the place of specific legal advice.

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Answered on 9/18/13, 2:41 pm


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