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Questions Answered by Thomas C. Valkenet
1 Answer | Asked in Legal Malpractice for Maryland on
Q: I feel I can prove my attorney sandbagged the case. How do I proceed?

- left out key evidence in spite of numerous requests and demands.

- did not allow me to spek to the judge on numerous topics

- misrepresented evidence

- refused to correct errors

- the court would not allow me to fire her a

- the court refuses to make a decision on this

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Anyone considering your questions has to read a transcript of the case, and review the docket. Gather these items and make an appointment. There are lawyers who focus on post conviction relief in criminal cases, and malpractice issues in civil cases.

1 Answer | Asked in Probate for Maryland on
Q: If the Personal representative listed on a will has passed and no one is listed after them, who would be in charge?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Upon a request by an interested person, and after a hearing, the probate court will appoint the person best suited (and willing) to do the job. The court sometimes appoints lawyers when there is nobody, or the parties don't get along.

1 Answer | Asked in Contracts for Maryland on
Q: What does "under seal" mean when referring to a promissory note and what are the defenses to a signed promissory note
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Good question. This is a "formality" that can change the statute of limitations on some actions to 12 years. There is a statute on this. You need a lawyer to look at the document and advise you, in person.

1 Answer | Asked in Uncategorized for Maryland on
Q: I filed a pro se complaint in Federal Court - is it against any law or protocol to post the complaint online?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

The complaint is already publicly available, through the court's PACER system. If you are posting to generate negative comments about the other side...don't. Win your battle in court.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Can I be locked if found spending time with my Boyfriend if I have a protective order against him?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Actually, it is your BF that would be locked up. You MUST go to court and have the order modified or vacated. For instance, if you were in the car with him, and he was pulled over for a traffic violation, they could haul him away right there.

If you feelings have legitimately changed, do...
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1 Answer | Asked in Uncategorized for Maryland on
Q: Can a hotel refuse to rent a room to a minor?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Yes. And it has to do with whether a contract with a minor can be enforced. What if you don't pay? What if you damage the room? Will you leave it on our credit card, that you don't have?

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a campground owner force a camper to leave?

We have a camper (and his female companion) who has been staying with us for 8 months.

He has expanded his site significantly and has installed outdoor lighting on poles.

He has set up "KEEP OUT" signs, has told prospective campers that they can't park in the adjacent... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

If you have a written lease with this "camper," then the terms apply. And if he's violated terms, you can evict.

As the owner of the adjacent lot, you have complete say in whether someone can use the site. Step in and assert yourself. Have a friendly conversation.

And...
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1 Answer | Asked in Uncategorized for Maryland on
Q: Is it customary for the court to send out unsigned documents relating to judgment in a case?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Are you referring to a copy of the court's order? If so, it usually has the clerk's stamp on it, saying it is a copy.

1 Answer | Asked in Real Estate Law for Maryland on
Q: I have a mortgage with no affidavit of consideration signed. Is it a valid lein
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

I recently argued this issue to the Maryland Court of Appeals, and they issued an opinion on this. If the lien is not attacked within 6 months, the defect is "cured," and you can no longer complain.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Road widening in master plan

I bought a house in PG county in 2009 by a short sale and soon discovered that the road was to be widened into 4 lanes within next 10 years according to the county master plan. There is no clause in the contract we signed that says we reviewed the master plan. However, we did sign that the... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Nope. "As is" means just that, at your risk. That is part of the buyer's investigation that must be done before making an offer. It can also be included as a contract contingency.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is there a limitation on how much land a swatter has legal rights to? Was told 7 to 15 yards from house they r occupying
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Do you mean a "squatter?" This is not a legal term of art. You are referring to the concept of "adverse possession." And that cause of action has several elements that must be satisfied, including 20 years. You must consider the nature of the possession, was it continuous,... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Husband and wife own home as tennants by entirety in md,wife passes, is husband required to change deed?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

No. This is a common misconception.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Do all real estate forms need to be dated when signed by the buyer and seller to be legal and valid?

The seller did not date the home inspection addendum when he signed it. Since then his agent sent an email contradicting what he signed to agree to do on the addendum. Which document is legal.... If either (the addendum which is signed but not dated or the email).

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Lack of dates on certain documents, like this, is not fatal to the agreement. It just presents confusion. But dates can be proven by fax legends, meta data, etc.

2 Answers | Asked in Real Estate Law for Maryland on
Q: Property was deeded with a cloud on the title. is the title insurance company and the settlment attourney liable?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Ms. Laumann is correct. Plus, you don't describe the "cloud" you complain about. Not every limit on the use of land is a "cloud on title." You can own land, but still be severely restricted by easements, ordinances, zoning, etc. An experienced title lawyer can advise... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: If a spouse refinances a home ALONE when deed is in both names(married at the time)is the mortgage considered DEFECTIVE?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

My office is full of cases involving this mistake by mortgage companies. The lien simply does not attach to tenants-by-the-entierties owned property unless BOTH spouses execute the lien instrument.

But that is NOT the end of the issue. If one spouse borrowed, and money was used to pay off...
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1 Answer | Asked in Bankruptcy for District of Columbia on
Q: Bankruptcy was discharged, trustee is looking into transfer of property. what is the impact to debtor?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 13, 2011

Need to share more detail. What is being alleged by the Trustee? Does he allege the debtor committed fraud? Or is he simply going after property that was transferred during the preference period, before the filing of the Petition?

1 Answer | Asked in Civil Litigation for District of Columbia on
Q: What authority is there for the proposition that a federal civil judgment is in effect until it is vacated/reversed?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 13, 2011

It's a matter of rule. But that is not necessarily the true question. You should ask what is the scope of the judgment, and how can it be enforced, and for how long?

1 Answer | Asked in Civil Litigation for Maryland on
Q: The steps required by a prospective plaintiff to begin litigation against a business
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 13, 2011

The first phase is the fact gathering: Why do you want to sue? What was done/not done to you? And who was acting on behalf of the business? Was it really the actions of the business or the actions of an individual, outside the scope of his duties? Is it the type of action covered by insurance?... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: How do u find out when u filed for bankruptcy and the dates it was discharged
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 5, 2011

The bankruptcy court website has a link to the PACER system, which gives you access to the dockets. You must subscribe, and there is a small fee for every page you access or download.

For free, you can travel to the Clerk's Office and use the public terminal.

1 Answer | Asked in Bankruptcy for Maryland on
Q: In Maryland, I filed for bankruptcy in June, 2009 including real property.

The mortgage company requested and was granted a lift of the stay. I was advised to move out of the property due to the property being foreclosed on. In the process of moving out, the mortgage company changed the locks. To this day, I have never received notice of foreclosure. In 2010 I had to... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 5, 2011

Yes, you are. There are many reasons why the mortgage company did not start the foreclosure process after receiving bankruptcy court permission. There may be title problems, or they may not think it is a good business decision, in the current market. Ironically, you can't force them to... View More

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