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Questions Answered by Richard Sternberg
1 Answer | Asked in Real Estate Law for Virginia on
Q: Do you lose rights to deeded access if property is escheated?

Property was listed as community lot. Is in deed. Escheated 30 years ago. Continues to be listed in any lots sold in development.

Richard Sternberg
Richard Sternberg
answered on Apr 18, 2023

The question is confusing, because the word escheat means that the state took it and it doesn’t belong to whomever it belonged before. The best place is to start with a title search and a review of whatever happened 30 years ago,

2 Answers | Asked in Real Estate Law for Maryland on
Q: How to find out if a business had a grandfather clause

This business was run in Maryland and the business was inherited. It was told to us that my uncle was grandfathered into the business and we are trying to see how that was done. It would have changed hands around 1990 to 1993. It is called Eatons Fish Hatchery, 10701 Putman Rd, Thurmont, MD 21788

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2023

You haven't provided enough information to enable me to answer. It might be best if you understood and used the term "grandfathered" correctly. It is not a term of art in law, but it is often used to mean that some law or regulation came into effect on some date but could not be made... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: I was misled by the builder when I purchased this house. I would like to know if I have any recourse.
Richard Sternberg
Richard Sternberg
answered on Mar 4, 2023

There are several potential causes of action that may apply. Sit down with a local lawyer to review your facts.

2 Answers | Asked in Real Estate Law and Contracts for Maryland on
Q: house had ongoing leaking issue from builder and they never gave solutions for it, now the warranty past. What can we do

The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same... View More

Richard Sternberg
Richard Sternberg
answered on Feb 22, 2023

I think you need a legal consult to discuss the specific facts, but, even before that, you need an independent expert engineer or waterproofing expert to identify the actual problem and estimate a fix. Signing something now might be the second act of a Greek tragedy.

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1 Answer | Asked in Criminal Law and Probate for Virginia on
Q: If you went to your court date and was granted a motion of continuance but still went to jail what and why ?
Richard Sternberg
Richard Sternberg
answered on Feb 8, 2023

This is a question that should be directed to your lawyer. Nobody can give you a competent answer without knowing the facts and the procedural setting.

2 Answers | Asked in Business Law and Probate for Maryland on
Q: if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,

and you are running the business do I have any rights?

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2023

Almost nothing in your description is relevant to answering your question. You need to sit down with a lawyer, describe the assets in a manner cognizable at law, and determine where you stand legally. Many lawyers offer consults by Zoom from the convenience of your home of office.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?

have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... View More

Richard Sternberg
Richard Sternberg
answered on Dec 29, 2022

If you have a written promise or a deed, you need to see a lawyer now. Or, you could surrender your rights forever and go away.

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2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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1 Answer | Asked in Estate Planning and Public Benefits for Virginia on
Q: I believe a high pension no cash out makes me ineligible for Medicaid. My state no Miller trust to live at poverty

Level which is undesirable. Will or living trust? Any Help with elder orphan status in law firms trustee holder. Executor, financial poa esp if not a solo law office?

Richard Sternberg
Richard Sternberg
answered on Dec 25, 2022

It is difficult for me to understand your question as written, but, in any event, there is no way to analyze your situation in any usable manner without reviewing your finances, the trust, and your state's Medicaid law. There are often means to qualify for Medicaid using special needs trusts,... View More

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: My mother passed, had no will, my sister was handling the estate. She works for a criminal attorney that is now handling

My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are... View More

Richard Sternberg
Richard Sternberg
answered on Nov 11, 2022

If you wish to be informed, you need to file the correct form, particularly if you previously waived notice. Paying a lawyer to coordinate this may be helpful.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: If there are things coming to light in a house we purchased that we’re not disclosed what can be done
Richard Sternberg
Richard Sternberg
answered on Nov 2, 2022

Consult counsel with details, but those details do not belong on an open, Internet site.

1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: civil judgement against me for 700.in VA 16 years ago. paid cash . didnt get release . selling my house ,

guy wont acknowledge my phone calls or text ... what Do I do

Richard Sternberg
Richard Sternberg
answered on Oct 26, 2022

Probably pay him again.... Or, pay a lawyer to develop proof that you paid, escrow the disputed funds, and sue.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or...
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2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: I was suppose to close on a house yesterday on 10/24/2022 but my loan company has now asked me to verify some bank wires

This caused me to miss my closing date and now in order to approve the extension the seller wants us to release the escrow money to them which we are nervous to do.

1) We are reviewing our offer and need help to see if our offer was contingent upon financing?

2) If we sign to... View More

Richard Sternberg
Richard Sternberg
answered on Oct 25, 2022

Nobody can competently answer specific questions like this without reviewing the contract, correspondence, and interviewing about the situation. You need a consult with a lawyer critically, and it is possible that, after review, a resolution favorable to you can be negotiated. What is... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Is there a seller's defense against the Virginia HOA Clause, or can buyers void contracts due to high interest rates?

We had two ratified contracts since Tuesday morning in Fairfax County, Virginia. The first buyer backed out because of the HOA clause, but told our realtor that they didn't know the mortgage payments would be so high. The second buyer is currently looking to renegotiate or stated that they... View More

Richard Sternberg
Richard Sternberg
answered on Oct 14, 2022

It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.

But, I must ask: Why are you not sharing the HOA docs when you...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Is emergency protection order sufficient justification to break a rental lease?

VA Code § 55.1-1236 (2021)

Richard Sternberg
Richard Sternberg
answered on Oct 14, 2022

It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... View More

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Property seller violates multiple laws, purchaser has hard evidence, judge ignores. What happened?

Edit:

55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.

Some points (this box isn't enough for all... View More

Richard Sternberg
Richard Sternberg
answered on Oct 4, 2022

Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... View More

1 Answer | Asked in Elder Law, Probate and Estate Planning for Virginia on
Q: Suspect Trust having funds dispersed illegally. CA Orange County trust but I'm in VA and executor in Seattle. What to do

Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... View More

Richard Sternberg
Richard Sternberg
answered on Oct 1, 2022

There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: My ex husband has died, his brother has filed probate of estate for the house. I have also filed probate of estate

Now a judge has to make a decision.

I was told since I have a child with the deceased he is next of kin.

What are my chances here?

Richard Sternberg
Richard Sternberg
answered on Sep 28, 2022

You question is posed for Maryland, but you seem to be in DC. This answer is based on your ex-husband residing in Maryland. I also assume that you've written "ex-husband" because you were divorced before he died. If you are his widow, your priority is higher. In Maryland, the... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: I am the mortgage lender on a commercial property and the buyer died. How do I get the balance due on the loan?

The heir apparent is the present owner of the property and is willing to continue making payments on the existing loan. How do I obtain an agreement to this effect.

Richard Sternberg
Richard Sternberg
answered on Sep 27, 2022

I’d have to research the specifics, but, generally, the heir can continue to pay the current loan with no further documentation, and the mortgagee remains secured by the property. You could probably prepare an endorsement of the note or enter a new loan on the same terms.

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