Anytime a person is buying or selling real property or entering into a lease, the documents should be drafted or reviewed by an attorney.
Stewart A. Sutton often reviews purchase agreements for buyers and sellers, because real estate agents often do not comprehend the language contained in standard purchase agreements.
Mr. Sutton frequently drafts Deeds to convey property from one family member to another.
Sometimes mortgage companies fail to comply with the exacting requirements to foreclose upon a home in Maryland. In 2007, Stewart A. Sutton had a foreclosure sale vacated, because the mortgage company’s default notices to the borrower were mailed to the wrong address.
Stewart A. Sutton represents commercial tenants and landlords by reviewing and negotiating leases and termination agreements. In the event a lease is breached, he will represent the client in court.
Quiet title is the procedure used to remove liens or establish an ownership interest.
In 2006, Stewart A. Sutton represented a client in a quiet title action to establish ownership by adverse possession. Although the property was titled in the name of his deceased great-grandmother, the client was able to obtain ownership of the property, because he had maintained the property and paid its property taxes for more than 20-years.
Sale in lieu of Partition
When real property is jointly owned by two or more people, any owner may ask the court to either divide the acreage or sell the real property. Since it is impractical to divide a house in half, the Court will appoint a trustee to sell the home for the benefit of the owners and then distribute the proceeds accordingly.
A sale in lieu of partition typically occurs when the owners are unable to reach a buy-out agreement between or among themselves, because they cannot agree on the home’s value. A sale in lieu of partition is also appropriate when a co-owner cannot be located.