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Questions Answered by Daniel Staeven
1 Answer | Asked in Real Estate Law for Maryland on
Q: Under Section 14-104(c) Does the Seller pay ALL transfer and recordation tax unless an addendum is signed

It has been my experience that Title companies automatically split it under the MAR Contract except to charge the seller the full amount of the State transfer tax Is this correct?

Daniel Staeven
Daniel Staeven
answered on Sep 20, 2022

The title company only operates from the contract and will split the transfer and recordation taxes if the contract so states. Your question missed the second part of Tax Property 14-104(c) which says "unless there is an express agreement between the parties to the agreement that the... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I bought a property in a tax sale, there is no mortgage do I have to pay a transfer tax
Daniel Staeven
Daniel Staeven
answered on Sep 14, 2022

It is likely that you will have to pay transfer tax on the money paid to obtain the tax sale. A tax sale deed is obtained from the Director of Finance or some similar official at the county where you purchased the tax sale. You will need a title company to record the deed and pay the appropriate... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I own a house with my ex and I’m still on the deed not the loan. I want to be bought out can I legal do that?
Daniel Staeven
Daniel Staeven
answered on Aug 2, 2022

Yes, you can be bought out. Your ex will, likely, have to refinance to come up with the cash to pay you. It is in the settlement of that refinance that you can be removed from the title and a new deed showing your ex's ownership of the property.

Good luck in your future endeavors.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Good day, This question is for a real estate attorney experienced in chapter 7 post bankruptcy.

I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.

However, the statement says there is a deferred balance of 189k.

Over... Read more »

Daniel Staeven
Daniel Staeven
answered on Jun 30, 2022

It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... Read more »

3 Answers | Asked in Bankruptcy for Virginia on
Q: My family member filed for bankruptcy. His case was closed and then given to another lawyer who sued him for the same

Debts. He paid him 100,000 not to lose his house. The lawyer ( trusty) and his wife came in to short sell my brothers and his families house. He thought the case was closed. He is now suing him for the third time and his LLC which is my mothers land and property. This is occurring in the Eastern... Read more »

Daniel Staeven
Daniel Staeven
answered on May 22, 2022

It depends on the situation. There are many reasons why a Trustee or their counsel would have to sue someone in a bankruptcy case. I would need more specific information to be able to form any sort of answer to this question.

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2 Answers | Asked in Bankruptcy for Maryland on
Q: Is it possible to reaffirm or file motion to redeem cross-collateralization after Ch.7 discharge?

In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... Read more »

Daniel Staeven
Daniel Staeven
answered on May 13, 2022

Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... Read more »

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3 Answers | Asked in Bankruptcy for Virginia on
Q: Where does the money go in a chapter 13 that creditors do not get but you listed them when you started it says they

Get 0.00$ but you have still been paying that every month where does that money go it was calculated up when you first start

Daniel Staeven
Daniel Staeven
answered on Mar 22, 2022

First, your creditors receive payments in a Chapter 13 case as distributed by the Chapter 13 Trustee in your case. Second, the creditors who have been listed on the bankruptcy schedules are not always the ones who get paid in a Chapter 13 case. The creditors must file a proof of claim to be... Read more »

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4 Answers | Asked in Real Estate Law for Maryland on
Q: My mom died & the mortgage company made me Successor in Interest & says I can sell. Is opening an estate still needed?

The home is located in Baltimore, MD but I reside in SC. Right after her death I did call the probate courts in MD where I was told I didn’t need to open an estate and that’s when the mortgage company named me Successor. All the correspondence is addressed to the estate of my mom C/O myself. I... Read more »

Daniel Staeven
Daniel Staeven
answered on Mar 16, 2022

This question is one of title to the property. It does not matter if the mortgage company names you as a successor in interest for the property. The title deed of the property is what controls this situation. The title company handling the settlement should be able to tell you whether or not you... Read more »

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3 Answers | Asked in Real Estate Law for Maryland on
Q: I co own a property with my ex girlfriend (she's on title with me), however, the loan is in my name. Can I sell

We're seperated

Daniel Staeven
Daniel Staeven
answered on Mar 14, 2022

Simple answer, no. She is on the title to the property she has to sign the deed transferring the property to the new owner.

Good luck in your future endeavors.

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3 Answers | Asked in Real Estate Law for Maryland on
Q: Do I Need a lawyer ? to assist in a cash purchase of a condo in ocean city? Or what type of professional could assist

Want to avoid real estate agents, trying to keep costs down

Daniel Staeven
Daniel Staeven
answered on Jan 26, 2022

Yes, you can purchase a condo for cash in Ocean City without a realtor but you would need someone to prepare a contract for you for the purchase of the condo. It is likely that you may be able to find an attorney who could prepare the contract for you since you are the purchaser of this... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: In Real Estate law, is the Settlement Company liable for damages as a result of recording errors?

The Settlement Company at closing for an investment property erroneously recorded the owner's residential mailing address with the Department of Assessments and Taxation. All correspondence mailed to the owner was undeliverable and returned to the sender with no forwarding. Notices of... Read more »

Daniel Staeven
Daniel Staeven
answered on Dec 10, 2021

You may have a claim that is actionable. The problem, however, is that you may not be able to prove your case without investing substantially more than you lost for attorneys fees, court costs, discovery costs, and associated other costs.

I suggest going to the settlement company directly...
Read more »

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1 Answer | Asked in Collections and Consumer Law for Maryland on
Q: Am I or my assets liable if add fiance to bank acct OR credit card, if a past Collections comes after her? Thanks.

Newly engaged and want to add fiance to bank account(s) and or credit cards of mine for access. Trust is complete from me to her...

She has a $120k debt from car accident (torn artery/needed resuscitation) 7 years back. Those bills stopped and havent been seen in longgggg time... thry dont... Read more »

Daniel Staeven
Daniel Staeven
answered on Dec 6, 2021

The simple answer with this fact pattern is that you have liability for your cash in a bank account as it will be presumed that she owns half of the money prior to your marriage. This fact pattern is only presumed if the creditor comes after your jointly owned account.

Adding your fiance...
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2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration

I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration The Motion Says Not Ruled On Judgment In Favor Of Plaintiff The Motion Of Reconsideration Say No Legal Bases Gavin For The Motion Of Reconsideration .... Of Both Motions I Put (MD Cts & Jud Pro Code § 5-103 (2019)... Read more »

Daniel Staeven
Daniel Staeven
answered on Nov 17, 2021

While you may have cited the correct code section dealing with reconsideration motions, the Judge does not have to find for you just because of that code section cite. You must provide a legal basis with additional facts to show the judge that the initial ruling was wrong.

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2 Answers | Asked in Collections for Maryland on
Q: MD CCU debt for car that had engine damage and was sold and no longer in my possession

Marryland Central collection unit is after me for a car that I had but was sold off, as the engine got damaged but I didn't return the title/plates. Now they are asking for tax arrears

Daniel Staeven
Daniel Staeven
answered on Nov 8, 2021

Typically, the Central Collections unit will set up a payment arrangement with you. Additionally, they can be paid over the course of 5 years through a Chapter 13 bankruptcy case. You should contact an attorney to guide you through this process.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: I am trying to find a Pro Bono Lawyer who can help with me bankruptcy

I am needing a clean start

Daniel Staeven
Daniel Staeven
answered on Oct 26, 2021

I suggest going to the Bankruptcy Court's Debtor Assistance Project. An attorney can help you fill out the forms and provide general assistance. The website for this project is:

https://www.mdb.uscourts.gov/programs-services/debtor-assistance-project

Good luck in the future.

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1 Answer | Asked in Consumer Law and Collections for Maryland on
Q: Does time barred debt cover school tuition in Maryland from 2009
Daniel Staeven
Daniel Staeven
answered on Oct 25, 2021

It depends. What type of school debt are you talking about? Is this a private school for children? Or, private loans for undergraduate or graduate schools? Or, loans for a college education? The type of debt will depend on whether it is time-barred or not.

You should contact an attorney to...
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2 Answers | Asked in Foreclosure for Maryland on
Q: Hello,I have been living/renting my home for over 4 years with the understanding of ownership

But now is going to be auctioned In the upcoming months can I stop it and pay for it

Daniel Staeven
Daniel Staeven
answered on Oct 7, 2021

You will not be able to stop the foreclosure sale unless you are a title owner of the property. You can, however, buy the property at the auction sale.

Good luck to you.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: SOMETHINGS NOT RIGHT ON THIS WHAT BANK SAYING..HELP ME

1 divorce way way back 24 yrs ago..a 13 medical cause.not 5.how do I fix.im alone 64 senior has destroyed my credit.NOT RIGHT INFO.WHAT DO I DO

Daniel Staeven
Daniel Staeven
answered on Oct 6, 2021

Typically, after a bankruptcy case you need to take affirmative action to build your credit. There are many ways to rebuild your credit such as a secured credit card, taking a higher interest car loan, or having a co-signer with you on a loan.

Good luck to you.

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