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Questions Answered by David Thomas Wagner

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?

David Thomas Wagner answered on Mar 12, 2012

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... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on

Q: How many years is a mortgage valid in Maryland

David Thomas Wagner answered on Nov 15, 2011

More information is needed in order answer your question.

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1 Answer | Asked in Real Estate Law for District of Columbia on

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

David Thomas Wagner answered on Oct 19, 2011

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.

1 Answer | Asked in Collections for Maryland on

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

David Thomas Wagner answered on Oct 19, 2011

If you know that the credit card company has sold your debt why would you want to pay the credit card company?

1 Answer | Asked in Real Estate Law for Maryland on

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

David Thomas Wagner answered on Oct 19, 2011

generally 5 years (with the ability to file a Continuation Statement within 6 months of the original expiration) but there are a few exceptions.

1 Answer | Asked in Collections for Maryland on

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

Job and did not pay the debt. Now a collection lawyer has sued her for $7524.69 and the trial is set for October in Maryland court. I have called the lawyer and offered to settle her debt for $3000 which is all I can afford. They refused and offered to settle for $6500. I certainly cannot afford... Read more »

David Thomas Wagner answered on Sep 8, 2011

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.

1 Answer | Asked in Real Estate Law for Maryland on

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?

David Thomas Wagner answered on Jul 6, 2011

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...
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1 Answer | Asked in Real Estate Law for Maryland on

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

The room is not ventilated and is used as storage for the property

David Thomas Wagner answered on Mar 5, 2011

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.

1 Answer | Asked in Real Estate Law for Maryland on

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

David Thomas Wagner answered on Feb 21, 2011

Are you asking about parking on a public street next to a private driveway?

1 Answer | Asked in Real Estate Law for Maryland on

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

I am about to close on a cash-out re-finance on real estate property, primary residence, and the 3 day right-of-rescission wait may interfere with another contract I have that needs to be funded before the 3 day rescission is over . Can that be waived for circumstances of this nature ?

David Thomas Wagner answered on Feb 8, 2011

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... Read more »

2 Answers | Asked in Real Estate Law for Maryland on

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

Joint tenent. Deed was never filed in MD. Settlement and mortgage company is no longer around. I want to file the deed but they won't file unless I have the orig. Current morthage company keeps sending copy and says that the settlement company has the orig. They are gone. Can I create a deed and... Read more »

David Thomas Wagner answered on Feb 8, 2011

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,... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on

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

David Thomas Wagner answered on Feb 8, 2011

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... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on

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

David Thomas Wagner answered on Jan 17, 2011

More information is required to answer this question.

1 Answer | Asked in Real Estate Law for Maryland on

Q: Is road widening a material fact in Maryland?

We purchase a house by a busy road, and discovered that the road was to be widened into 4 lanes within next 10 years according to the county master plan which was not disclosed to us any where in the contract.

David Thomas Wagner answered on Jan 13, 2011

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... Read more »

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