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Presently, Maryland law permits individuals to transfer personal property to a named beneficiary outside of probate.The owner may sell the property, transfer it to someone other than the beneficiary named in the transfer-on-death deed, or place a mortgage on the property.
At the tax sale, which is a public auction, your property will be sold to the highest bidder who is willing to pay at least the total amount of all taxes due, together with interest, penalties, and expenses related to the sale.The winning bidder then gets a certificate of sale. (Md. Code Ann., Tax-Prop.
The unpaid taxes are auctioned off at a tax lien sale. The highest bidder gets the lien against the property. The tax collector uses the money earned at the tax lien sale to compensate for unpaid back taxes. The homeowner has to pay back the lien holder, plus interest, or face foreclosure.
States such as Maryland are withholding a portion of real estate proceeds from out-of-state residents, to ensure sellers pay capital gains tax to Maryland on top of the seller's home state and the federal government.
Before adding your spouse to the deed, speak with your attorney. The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). With a quitclaim deed, you can name your spouse as the property's joint owner.
To change the names on a real estate deed, you will need to file a new deed with the Division of Land Records in the Circuit Court for the county where the property is located. The clerk will record the new deed.
In most states you can file a disclaimer or deed of disclaimer that says specifically you were placed in title without your knowledge or consent and disclaim the deed.
If you are adding your spouse or other party to the deed, put your name in the "Transferred From" line and place both your name and the other person's name in the "Transferred To" section. Failure to put your name in the "Transferred To" section will make the new person the sole owner of the house.
The law doesn't forbid adding people to a deed on a home with an outstanding mortgage. Mortgage lenders are familiar and frequently work with deed changes and transfers.When you "deed" your home to someone, you've effectively transferred part ownership, which could activate the "due-on-sale" clause.