Best Mortgage Lawyers in Maryland

About Mortgage Law in Maryland, United States

Mortgage law in Maryland governs the legal rights and obligations involved in buying, selling, and refinancing real estate using loans secured by property. When you take out a mortgage in Maryland, you enter into a legal agreement where your property serves as collateral for the loan. Mortgage law covers topics such as deeds of trust, foreclosure proceedings, borrower and lender rights, interest rates, disclosure requirements, and remedies in the event of default. Understanding these laws is crucial whether you are a homebuyer, homeowner, or lender to ensure that your interests are protected throughout the process.

Why You May Need a Lawyer

While many real estate transactions proceed smoothly, there are numerous situations where legal guidance is invaluable in Maryland mortgage matters. You may need a lawyer if:

• You are buying or selling a home and want to ensure the closing documents are accurate.
• You have questions about your rights and responsibilities under a mortgage or deed of trust.
• You are facing foreclosure or have received a notice of default.
• You want to refinance or modify your existing mortgage terms.
• You suspect predatory lending practices or unfair lending terms.
• There are disputes over property boundaries or liens on the property.
• You are involved in a short sale or deed-in-lieu of foreclosure negotiation.

Legal advice can provide clarity, help avoid costly mistakes, and potentially save your home or investment.

Local Laws Overview

Maryland mortgage law is unique in several key respects. The state commonly uses a "deed of trust" as the security instrument rather than a traditional mortgage. This allows for a non-judicial foreclosure process, which can be faster than court-based proceedings. Maryland law requires lenders to provide specific disclosures and follow notice procedures before initiating foreclosure.

There are homeowner protection statutes that mandate notice of default, opportunities to cure the default, and mandatory mediation in some cases. Predatory lending laws prohibit excessive fees and certain unfair lending practices. Maryland also sets regulations on late fees, payoff statements, and loan servicing. Homestead exemptions and consumer protection laws may provide additional safeguards for borrowers in financial distress.

Frequently Asked Questions

What is the difference between a mortgage and a deed of trust in Maryland?

In Maryland, a deed of trust is more commonly used than a traditional mortgage. Both serve to secure a loan with real estate, but a deed of trust involves a third-party trustee and typically allows for non-judicial foreclosure outside the court system.

What steps must a lender take before foreclosing on a property in Maryland?

Lenders must provide a notice of intent to foreclose at least 45 days before filing any foreclosure action. Borrowers must also receive a loss mitigation application and documents outlining their rights and options.

Can I stop a foreclosure once it has started?

Maryland law allows homeowners opportunities to cure a default and stop foreclosure, including reinstating the loan by paying overdue amounts, seeking loan modification, or participating in mediation programs if eligible.

Is Maryland a judicial or non-judicial foreclosure state?

Maryland predominantly uses a non-judicial foreclosure process for loans secured by a deed of trust, which does not require a court judgment to foreclose.

What are my rights if I believe I was the victim of predatory lending?

Maryland law prohibits certain predatory lending practices. Victims can seek legal recourse, report the lender to regulatory authorities, and in some cases, rescind the loan or seek damages.

Are there any protections against high interest rates or excessive fees?

Yes, Maryland law limits certain fees and sets caps on interest rates for specific types of loans. Always review the loan documents and consult an attorney if you suspect excessive charges.

How does bankruptcy affect a mortgage in Maryland?

Filing for bankruptcy may temporarily stop foreclosure proceedings through an automatic stay. Depending on the type of bankruptcy, you may be able to catch up on missed payments or discharge certain debts.

Can I refinance my mortgage if I am behind on payments?

While it is more challenging, some lenders offer programs to refinance delinquent loans or provide loan modifications. Legal advice can help you understand your options.

What happens to my mortgage in a divorce or estate settlement?

Division of real estate and responsibility for mortgage payments can be addressed in divorce settlements or handled during probate for estates. A lawyer can assist in ensuring a fair and legal distribution.

Do I need a lawyer to buy or sell a home in Maryland?

While not legally required, having a lawyer helps ensure all paperwork is correct, deadlines are met, and your interests are represented, especially when dealing with complex mortgage or title issues.

Additional Resources

Here are some valuable resources for individuals seeking guidance on mortgage matters in Maryland:

• Maryland Department of Housing and Community Development - Offers homeowner assistance programs and foreclosure prevention counseling.
• Maryland Attorney General's Consumer Protection Division - Assists with complaints about predatory lending or unfair mortgage practices.
• HOPE Hotline - Provides free counseling and resources for homeowners facing foreclosure.
• United States Department of Housing and Urban Development (HUD) - Certifies housing counselors in Maryland who can provide free or low-cost assistance.
• Maryland Legal Aid - Provides free legal services to eligible low-income individuals for mortgage-related issues.

Next Steps

If you are facing a mortgage issue in Maryland or need legal advice, start by gathering all relevant documents, such as your mortgage agreement, payment history, and any correspondence with your lender. Consider reaching out to a certified housing counselor or attorney specializing in real estate or foreclosure law for an initial consultation. Early intervention is critical, so act promptly if you receive default notices or suspect problems with your mortgage. Legal professionals can help clarify your rights, explore negotiation options, or represent you in disputes to protect your home and financial interests.