Questions Answered by David Thomas Wagner

Q: If a spouse refinances a home ALONE when deed is in both names(married at the time)is the mortgage considered DEFECTIVE?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Mar 12, 2012
David Thomas Wagner's answer
It depends on how title is held. If title is held as Tenants in common (refer to your deed to determine how title is held) then the deed of trust is effective as against the individuals divided interest. If the property is held as tenants by the entirety (common for married people) then the lien of the deed of trust is defective. The obligation under the promissory note is valid but the lien on the property is not. It would be very unusual for a lender to loan money to one spouse without having...

Q: How many years is a mortgage valid in Maryland

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Nov 15, 2011
David Thomas Wagner's answer
More information is needed in order answer your question.

Q: Can D.C. corporation own property in New York

1 Answer | Asked in Real Estate Law for District of Columbia on
Answered on Oct 19, 2011
David Thomas Wagner's answer
I expect that a DC Corp can own property in NY but it may have to register to do business in NY. his question is best posed to a NY attorney.

Q: If a credit card company sells my debt to a debt collector, can I still pay the credit card company?

1 Answer | Asked in Collections for Maryland on
Answered on Oct 19, 2011
David Thomas Wagner's answer
If you know that the credit card company has sold your debt why would you want to pay the credit card company?

Q: Statute on Financing Statements filed in UCC Index - 5 years or 12?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Oct 19, 2011
David Thomas Wagner's answer
generally 5 years (with the ability to file a Continuation Statement within 6 months of the original expiration) but there are a few exceptions.

Q: My Granddaughter owes a credit card debt which she aquired before she was married and is her maiden name. She lost her

1 Answer | Asked in Collections for Maryland on
Answered on Sep 8, 2011
David Thomas Wagner's answer
If the original debt is in her name only and the property is owned/titled in both names as tenants by the entirety or joint tenants then any judgment against her individually will not attach to and become a lien against the house.

Q: Does a real estate contract have to be signed by both parties to to be binding or can it be verbal or e-mail?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Jul 6, 2011
David Thomas Wagner's answer
Generally the contract needs to be signed by both parties to be enforceable. Electronic signatures are permitted but simply emailing a contract to someone does not bind them to the terms of that contract.

This response is intended only as general information and is not intended as nor does it serve as legal advice and no attorney client relationship has been established between the poster and the responding attorney. The poster is advised to retain counsel of their own choosing before...

Q: Can the building service manager legally reside in a storage room?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Mar 5, 2011
David Thomas Wagner's answer
The answer is, probably not. In many jurisdictions in order to be considered a "bedrooom" a room must have a window of a certain size and be a certain size. The specific requirements of your jurisdiction will determine whether the "storage room" can be used as a residential unit.

Q: What is the legal parking distance around a private driveway

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Feb 21, 2011
David Thomas Wagner's answer
Are you asking about parking on a public street next to a private driveway?

Q: Maryland 3 day wait on re-finance rescission ...looking for a waiver

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Feb 8, 2011
David Thomas Wagner's answer
The 3 day right of rescission is not waivable. You should try to get an extension of the time for the other deal. If you execute an authorization to disburse funds directly to the third party the title company should honor that and disburse the funds as directed. If you offer to make this authorization irrevocable and the party to the other transaction should be comfortable enough to agree to extend for the extra day or so.

This response is intended only as general information and is not...

Q: My mother passed in 2010. I am the Legal rep of her estate. In 2003 she refinaced her home putting me on the deed as

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Feb 8, 2011
David Thomas Wagner's answer
It is possible that title company's title insurance underwriter or an owner of the title company still has the files and the original deed although given that it was 7 years ago it is unlikely. More information is needed to determine your course of action. Do you have a copy of the signed, notarized deed? Did you sign the deed of trust?

You should consult with an attorney to determine your best course of action. I can be of assistance.

This response is intended only as general...

Q: A family member has sold property and wants all the proceeds to go to me is this legal

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Feb 8, 2011
David Thomas Wagner's answer
It is certainly legal although more information is required to determine if that is something your should entertain. Is the family attempting to hide assets from creditors or a spouse? If your family member is just being nice then the funds would likely be considered a gift which could have negative tax implications for the donor. If it is not a gift then it could have negative tax implications for you.

More information is needed to fully answer the question.

This response is...

Q: Can business force property owners to pay association fees / the property is worthless

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Jan 17, 2011
David Thomas Wagner's answer
More information is required to answer this question.

Q: Is road widening a material fact in Maryland?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Jan 13, 2011
David Thomas Wagner's answer
You should review the entire contract you signed. It is very likely that you signed off that you had reviewed the master plan. It is unlikely that the failure to disclose the road widening would a breach of the contract by the Seller because the information was public knowledge but it depends on the contract.

You may want to consult an attorney in your county if you are unsure of the terms of the contract.

This response is intended only as general information and is not intended...

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