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If I have a lease agreement with a landlord (in my name only) but told landlord I will have a friend living with me and they signed as a tenant at the bottom (the only place they signed and their name is no where in the contract) can I get the person out with a 30 day notice?
answered on Sep 5, 2014
If the other person is deemed a tenant, like you, then it is the landlord who would evict. Each tenant enjoys protections against the landlord's intrusions. But if the other person is deemed a sub-let, you step in the shoes of the landlord and can evict. Beyond this general answer, it will... View More 
They returned to PA where they live in separate houses. What happens next? Do they go to court in MD?
answered on Sep 5, 2014
If charged in Maryland, then the court case will be in Maryland.
Wife's 52 y/o sister is in declining mental health and should not drive though she asks to from time to time. She last drove - erratically - weaving, not seeing lights and signs - in June. Can we or other family members aware of her mental state be held liable should she cause injury or damage... View More
answered on Sep 5, 2014
You may not be liable for damage she causes, but you will feel just awful if she injures others. The remedy is for a family member to petition the court for guardianship. You will need certificates from her physicians, and then the court will appoint a lawyer to look after the sister's... View More
Signed form at closing giving HOA 2weeks after closing to get me the resale certificate. They never did. 5 yrs later a property mgt group took over the hoa and put a lein on my house for unpaid monies. My realtor says i'm not part of HOA because they did not provide documents per contract.... View More
answered on Sep 5, 2014
Your realtor is wrong. The failure to deliver HOA documents at the time of contracting would have given you a basis to cancel the contract of sale. But is sounds like you closed the deal and moved in. If the HOA is properly constituted in the Land Records, and your property is within the HOA... View More
My father passed away, my stepmother destroyed the insurance information could you help me
answered on May 31, 2013
We struggle with this, too, in probate matters. It is a long process, since companies are bought, sold and go out of business. Is an Estate opened? Are you Personal Representative? And how do you know stepmother destroyed anything? So many questions.
answered on May 31, 2013
A very good question. You are properly joined to the case only if you have been served with the initial summons and complaint. Check the court file to confirm whether a certificate of service has been filed. There are valid methods of service that only require delivery to your last place of... View More
answered on May 31, 2013
Unless the deposition is "under seal," it is considered "public." But we'd have to discuss where it is posted, and whether there is improper commentary about it. But search Youtube, and you will see hundreds of posted video depositions.
answered on May 31, 2013
A very good question! If you are not an "expert witness," then there are limits on reimbursement. You may get mileage, parking and lost wages. But you do not get a "fee" for testifying. Work this out in advance of appearing!
answered on May 31, 2013
Normally it is three years. If it is a commercial lease, maybe longer.
answered on May 31, 2013
Were you arrested? Did you receive a ticket? Did the officer take your license and give you a provisional 45 day license? There are several clocks that start ticking from any one of these events. We have a DUI/DWI lawyer in the office who can review your documents and handle your case.... View More
answered on May 31, 2013
It depends. Was the transfer pursuant to a Will? Then the Will may have an age. The statutory age may be different. Wills often incorporate the statute, but change the age. YOu may always ask the trustee, or come visit us with the documents. www.youngandvalkenet.com
answered on May 31, 2013
This was posted as a "product liability" question, but I am sure you are referring to a criminal matter. We have a lawyer in the office that can discuss this for you. Give us a call for a consult over the phone, and we'll go from there! www.youngandvalkenet.com
Have to report it as rental income at tax time? At the end of the two years we trade back. My mortgage is higher, that's why he would pay me the difference.
answered on May 27, 2013
What do you mean by "trade?" If there are deeds executed and recorded, then it is a transfer that will be subject to recording and transfer taxes. If you just live in eachother's house, a lease agreement will work. You lease his, and he leases yours.
Both of their names are on their house, my older sister wants to sell the house. My younger sister has my mom's POA and agrees to the sale.
answered on May 27, 2013
It may work, but the POA may not be sufficient for the settlement company. There have been changes in the POA law about what is a proper form. And when dealing with an incompetent adult, it is best to have a lawyer involved on her behalf.
answered on May 27, 2013
Yes. This is often done, although the settlement company might not be too happy. They are bound by the real estate contract, and will need a formal assignment of the right to take title.
answered on May 27, 2013
If the trust does not have language about picking a new trustee, then you must go back to the court to have one appointed. This is a fairly straightforward process, laid out by statute and rule. We have seen this in the course of our real estate litigation practice throughout Maryland.
The home was paid for in cash up front. The person whom snuck their name on it handled all the paperwork as a "friend" of the family
answered on May 27, 2013
A petition to quiet title, and to reform the deed. And if there is fraud involved, you may have other causes of action. I am very interested to hear the facts, as we have seen many cases like this over the 27 years I have been doing title and real estate litigation.
My mortgage bank file a case with two issues Issue: EQUITABLE SUBROGATION
Issue: INJUNCTION after that a foreclosure case was closed by the judge: CLERK DISMISSES W/O PREJUDICE - RULE 2-507
answered on May 31, 2012
See the answer I posted to your Feb 20th question on this subject.
My mortgage bank file a case with two issues Issue: EQUITABLE SUBROGATION
Issue: INJUNCTION after that a foreclosure case was closed by the judge: CLERK DISMISSES W/O PREJUDICE - RULE 2-507.
What means this?
answered on May 31, 2012
I do this work for banks. It likely means that there is a title issue that caused the mortgage document to be defective. The bank is now asking for an order that give the lender a lien on the property for all amounts it paid toward your OLD mortgage.
So, if you borrowed $150,000 to pay off... View More
answered on May 31, 2012
What do you mean by "recordation?" At some point, the Trustee that conducted the foreclosure may deed the property to either the bank or a third-party purchaser.
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