What To Do in Case of Illicit Property Transfer in Maryland?

Posted by Longman & Van Grack LLC on December 30th, 2020

Property is a bundle of rights and interests. There are times when the property owner becomes medically unfit and is unable to take care of the property. He has the right to transfer it to someone else. If the property transfer took place illegally, you have the right to get it back with Maryland legal services' assistance. 

Illegal Transfers Are Performed on The Following Basis 

Forging The Documents

Forging the document implies illegal preparation of the will, gift deed, and sales deed. Some individuals forge signatures of the owner on the documents.

Misinterpretation of Facts 

At times we disclose our details in front of acquaintances. There are times when the person claims that he is the property owner, which is not true. He signs the papers to become the owner of the property.

Misuse of Power

The misuse of power most of the time comes from family and friends. There is always a misuse of power of attorney by someone who has no right to the property.

Which Type of Property Cannot Be Transferred?

Maryland estate services have complied a list of the kind of property that cannot be transferred in any way:

Easement: Easement property cannot be transferred at any cost. Only the owner has the right to enjoy the property rights as it belongs to him. The moment the property is transferred, the easement transfer takes place simultaneously.

Future Maintenance

The property under maintenance cannot be transferred in the name of another person. The same holds true if someone is maintaining the property on your behalf.

Ways To Deal With Illicit Property Transfers 

• You can file a lawsuit against the deceiver with the help of Maryland legal services.

• The actual owner of the property gets the opportunity to file a civil lawsuit. The court will declare him as the sole owner of the property. All the papers will be transferred to his name according to Maryland's estate laws.

• You can publish an endorsement in the newspaper claiming your ownership over the property and warning others to prevent entry inside the premises.

How To Make A New Record And Deed in Maryland?

If you want to change the deed name, you must file a new deed with the division of land records in the Circuit court. The clerk is going to record the new deed. According to Estate Law Maryland, there are some ways to file a new record and deed:

1. New Deed: A new deed is prepared in case you want the ownership of the estate. You can prepare it yourself or can hand over the responsibility to the lawyer. The best way is to get the deed drafted from Maryland estate services so that errors can be rectified as it is impossible to correct them later on. The deed must consist of the purchase price("Consideration"). If you want to add a co-owner freely, then there is no need to mention consideration.

2. Certificate: The certificate is a part of the deed, which is prepared by an estate lawyer in Maryland. The certificate should have the signatures of the lawyer who prepared the deed for you.

3. Notarized Deed: The notary officer must duly sign the deed.

4. Lein Certificate Application: Any unpaid property taxes will be mentioned in the lien certificate.Before recording a new deed, ensure that you have obtained a lien certificate 

5. Land Instrument Intake Sheet: Fill out the Land Instrument Intake Sheet in Maryland. Your transfer tax and recordation can be determined with the document.

6. Fees: Obtaining a new deed involves charges at different stages. Keep the deed's duplicate copy and the original one, too, once you have received the deed. If someone asks you to submit the copy via mail. It is likely to be a scam.

Conclusion

You can get back the property, which is obtained by fraudulent means with Maryland Estate Services' help. It is your right to obtain what is yours as you are the rightful owner of the property. Avoid discussing any personal information with acquaintances to save yourself from such situations.

You can also obtain the new deed with lawyers who possess adequate knowledge of estate laws in Maryland. Estate matters should always be handled diligently.