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Questions Answered by Thomas C. Valkenet
1 Answer | Asked in Real Estate Law for Maryland on
Q: Purchasing a home in Maryland. My agent asked for a copy of my trust. The property will be titled in our family's trust.

Does he need to see that? It's private we feel. Thanks in advance

Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

While you may not want the agent to see it, the bank loaning money and the insurers will need to see it. You are correct that it is a private document, but even private documents must be shared to prove the status of a person or entity. Do you just want others to take your word for what the trust... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: can you sell your home before foreclosure as of dec 8th will start , have buyer for home was getting modification ?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

Until the foreclosure sale, the owner can attempt to sell. Of course, the sale is subject tot he costs and expense of the mortgage. But it remains the best option for realizing full value. But since foreclosure cases are public records, many know that the auction sale will be less expensive.

1 Answer | Asked in Uncategorized for Maryland on
Q: Does "Issued" mean "Granted"?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Oct 30, 2014

No. It merely means that a court has made a decision or wrote an order. The order or decision will grant or deny requested relief.

1 Answer | Asked in Juvenile Law for Maryland on
Q: I had a trust fund that was spent by my guardian before I was 18. Why did this happen?

No court gave her permission. Is the bank at faullt for releasing the funds.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

You must examine the trust documents, and how the money was spent. If the trust says funds can be spent on your education, for instance, and it was used to pay tuition, buy clothes and books, etc., then the money was properly spent. But in the end, you may have to sue. Our office just concluded a... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: What’s the foreclosure process in the event of the death of the mortgagee?

my father passed away as the mortgagee i am listed as a tenant in common and we are paying the mortgage currently however that situation could change

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

The Personal Representative of the Estate stands in your father's shoes. If no estate was opened, it is likely the mortgage company will force the opening of the Estate. You would need to open the estate, anyway, in order to inherit his interest.

1 Answer | Asked in Real Estate Law for Maryland on
Q: In state of Md if mortgage company failed to transfer the note/ deed to new owner are they still legal owner?

Old mortgage company was sold to another, but used the same sub server initially. Right as we had signed and sent back our approved loan mod papers, they transferred us to new subservicer. As far as I know the mortgage company itself would still be the owner of the note therefore giving them legal... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

Notes are not recorded. And the originals are often endorsed "in blank." Maryland law has changed much over the last three years, mostly to protect the rights of a party to foreclose if they have possession of the note, and authority to act for the owner of the loan. That is as specific... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can I do a adverse possession in Maryland the house has been empty for 2 years and there has been no foreclosure.

The owner has abandoned the house I know this first hand.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

No. An empty house is not available for adverse possession unless you satisfy all the other requisites for this cause of action. And if you want to see some interesting articles, google the subject in California. You will read about several folks who went to jail for taking vacants by adverse... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Can I request a copy of the estate record without the family of the deceased to know?I don't want them get a wrong idea.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

All probate files are open for public inspection and copying, at the courthouse. Nobody will know you were there. You may also mail in requests for documents, with payment for copying costs.

1 Answer | Asked in Consumer Law for Maryland on
Q: I asked a Marine Mechanic to evaluate an electric problem I experienced on my boat.

After 10 days the business owner stated he thought both of my alternators, gauges and regulators were burned by a lightening strike he wanted to remove the alternators and have them tested. I called my insurance company and we authorized the service to remove the alternators and have them tested to... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

Sorry you are losing the end of the boating season! If the marina knew you required the report to shake loose the insurance money, then you should cancel the payment. You are at risk, however, to assertion of a lien that may prevent you from quickly moving the vessel to another facility. This... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am holding a ground rent lease belonging to my deceased parents. How do I go about transferring this lease to my name
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

The dead parent's estate must execute a deed, through the Personal Representative, passing title to the ground rent. A right to ground rent is an interest in land, and so it must be passed like any other interest in land, by a deed.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is their recourse for a property that went under contract without knowing there was a second lien on it?

Fannie Mae listed the property, we went into a contract, my settlement attorney found a second lien, and they have been unable to clear it. Now, our contract expired, and I am homeless with my family.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

It depends on what the contract says. If it is a standard MAR contract, you have the rights to cancel if good title cannot be passed, as in this case. Alternately, if the seller will set aside sufficient money from the settlement funds to clear the lien, you might still have settled. Your... View More

1 Answer | Asked in Elder Law for Maryland on
Q: I need a power of attorney for someone mentally incompetent . What do I do?.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

A power of attorney can only be granted to you by a competent person. If they are incompetent, the only the circuit court judge may grant guardianship and decision making authority. You must file a circuit court petition.

1 Answer | Asked in Elder Law for Maryland on
Q: how do I get guardianship of my mentally retarded adult brother.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

By filing a petition for guardianship in the circuit court. You will need medical certificates as exhibits. The court will then appoint a lawyer to look after your brother's interests and advise whether you are the best choice as guardian. If uncontested, the case can be resolved in a few... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: If I have maintained a common property that adjoins my private property can I claim ownership?

I live in a private development with an HOA. The HOA owns the property the roads are on, but they put a road in the wrong location in the 1970's and never fixed it. The area the road should have been has been used as the front yard of my privately owned property ever since. I purchased the... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

You might have a claim for adverse possession, or for abandonment. We recently litigated this issue where an undeveloped road ran right to our client's front steps. A neighbor claimed rights to drive on the lawn, and off to court we went. 10 months later, we had a written agreement about... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I trusted a famiky friend with the care of my two little babies. A yorkie and a yorkie poo while I went on vacation.

Weeks prior to him getting them I let him know the yorkie was well behaved while the yorkie poo was high energy and while she has never ran from me should never be left near an open door or outside or in a car without a leash. Within 24 hours he misplaced her and never notified me or 7 family and... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

Only if the dog was damaged. In Maryland, a pet is property....like a kitchen chair. As the owner, you may sue for damage to your property. In this case, if there are vet bills because the animal got sick from being in the cold rain, you might recover that cost.

1 Answer | Asked in Probate for Maryland on
Q: I'm the personal representative of my dads estate. Do I get compinsated, or does the lawyer get all fees allowable?

I asked my attorney that I hired to help with my dads estate if I would get paid , and he said only if there is anything allowed after he gets his fees. I put a lot of time into b r in the P. R. Of my dads estate. I don't think that's fair.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

You may get paid if you actually do work, and that means you must decide what tasks will be performed by you and which tasks will be performed by the lawyer. The lawyer works for you, as PR. Meet and discuss with your lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: HOW DO I HIRE A LAWYER IF I HAVE AN ARREST WARRANT TO BE SERVED AGAINST ME FOR AN OLD CASH ADVANCE CASE I PAID .
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

You interview lawyers and firms until you find someone you like, and who you can afford. Then you sign a fee agreement and pay the lawyer's fee. Only then do you "have a lawyer." He will then give you advice and perform the work described in the fee agreement.

1 Answer | Asked in Criminal Law for Maryland on
Q: if i lied to keep my bf out of jail after he beat me up can i have him arrested if it happened months ago?

I hit him back so i lied and didnt give his name to the police when the neighbors called the police. my eyes were swollen blood pouring out my mouth knots on my head i was afraid they would take my children from me

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

Yes, but you have greatly damaged your credibility with the lie. And you will surely be angry when folks choose not to believe you. No woman deserves a beating, and once should be enough to motivate you to bail and move on.

1 Answer | Asked in Criminal Law for Maryland on
Q: If a person is sentenced to imprisonment following a criminal trial, can he remain free until the appeal is decided.

He was not taken into custody at his first appearance in the court and was released at his own recognizance. He is free ever since and his date to surrender is 90 days away. Fed. Rule of Crim. P. 38(b)(1) says: If the defendant is released pending appeal, the court must stay a sentence of... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

You refer to a "surrender date." That implies that he is going to prison, even while the appeal is being prosecuted. Beyond that, you should discuss this with his lawyer (or better yet, he should discuss this with his lawyer). Did he have private counsel or a PD at trial? Did he take a... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: what do I do if a landlord refuses to take the rent from an administrator In an estate

I am the administrator of an estate which has a lease for a business in the part of the state I've been trying to pay the landlord the rent on the lease he refuses to take the rent what do I do to keep the landlord from saying that I am breaking the lease

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2014

Context is important. Was the lease in default before you attempted to pay? What does the lease say about death of the primary lessee? What reason was given for the refusal? You raise many questions that must be investigated before you will get meaningful advice.

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