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Questions Answered by Mark Oakley
2 Answers | Asked in Real Estate Law for Maryland on
Q: Balloon loan reached maturity in April. Investor wouldn't grant a modification. Refinance 3+ months with lendor.

Balloon Loan mortgage company taken over 3 months to refinance and has reported non payment since May to the credit bureaus. Do I have any recourse? This has destroyed my wife & I's credit score.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

The fault for not paying the balloon off is yours as far as the existing lender is concerned. You owed the money by a due date under the note. You failed to pay when due. The report to the credit bureau is not legally improper from that lender's perspective, since you defaulted on your... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

Mark Oakley
Mark Oakley answered on Jul 28, 2021

It varies. Technically, the State's Attorney's Office has 15 days (plus 3 more days if the motion is mailed to them) from the date the motion is filed and served to file an opposition to the motion, so the court is supposed to wait the response time--or until the opposition is filed if... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Maryland on
Q: if you get caught legally with the possession of marijuana, can you still get your license at 16 and 9 months? (not me)

i don’t need legal help that questions was for a friend.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

Criminal charges not related to the operation of a motor vehicle, and civil citations for possession of under 10 grams of marijuana, have no impact on the ability to apply for or obtain a license or provisional license to drive.

1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a maryland bench warrants to become active for failure to appear.

how long does it take for a maryland bench warrants to become active for failure to appear.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

Same day or a day or so after court, depending on when the clerk in the particular jurisdiction enters the FTA into the system. Usually, by the end of the court day you failed to appear.

1 Answer | Asked in Divorce for Maryland on
Q: I just got divorced and we have a mortgage together with a living trust for our kids I live there and pay the payment

She wants her name off the mortgage what is the law about that because I don’t know if I can afford to tefinance

Mark Oakley
Mark Oakley answered on Jul 27, 2021

Is the deed to the house in the name of the living trust, or do you jointly own the house in your individual names? Upon divorce, real property owned by spouses as "tenants by the entireties" automatically converts to "tenants in common" ownership. Therefore, you would each... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How soon after moratorium ends can one evict a holdover tenant?

I need holdover tenant to leave property as I don’t intend to rent. What’s my time line after end of moratorium and when do I need to give 30 day notice

Mark Oakley
Mark Oakley answered on Jul 27, 2021

The moratorium is over. Give your notice to the tenant to vacate and file to retake possession of the premises and evict them. Read all about it here:

https://mdcourts.gov/legalhelp/housingtenants

2 Answers | Asked in Criminal Law for Maryland on
Q: How long will Maryland take to decide if they want to come pick up my daughter from WV on Misdemeanor charges from 2018

My daughter has been in prison in WV for 2 years made parole 11 days ago. found out MD has detainer. how long till we know

She served 2 years...made parole 11 days ago. Has 3 misdemeanor charges out of MD from 2018. How long does MD have to come get her? we are going on 2 weeks and she has... Read more »

Mark Oakley
Mark Oakley answered on Jul 27, 2021

Hire a Maryland criminal defense lawyer for the Maryland charges, and that lawyer will contact the prosecutor's office to see what their intentions are and whether the process can be speeded up or, potentially, if they are willing to drop the charges altogether and release the detainer.... Read more »

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1 Answer | Asked in Divorce for Maryland on
Q: My husband got the house in divorce settlement. He is selling got papers from realtor to sign so he can sell. Should I?

Will I be liable for any tax that may be owed?

Mark Oakley
Mark Oakley answered on Jul 24, 2021

You have to do what your agreed settlement terms require you to do, or you will be liable to him for his legal fees and other costs incurred to force you to do so under court order. So, to that end, if you are uncertain as to what you agreed to do, take your settlement agreement (or divorce... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Can a sheriff threaten to put me in jail and have me evicted because I don’t know where a wanted person is?

The person is legally my husband we are currently separated. He has a parole retake warrant that they are trying to serve and they have been to my house twice the last time they came they pushed my door open as I was answering and told me I’d go to jail too. I have three children and he left me a... Read more »

Mark Oakley
Mark Oakley answered on Jul 24, 2021

Three observations: (1) if you are harboring a fugitive (e.g., he's living with you and you are allowing him to hide out and conceal his whereabouts), or you are secretly providing him money and a car, etc., then you could be charged criminally for doing those things; (2) you are under no... Read more »

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maryland on
Q: Good evening. I bought a house with a girlfriend in November of 2014. At the time of buying we had been together about

a year and a couple years. Fast forward we ended up breaking up in June of 2018. Quick detail, her father 'gifted her' $265,000, which is what was used to buy the house. Each month I would pay her Father $1,000, 'morgage' I would also pay USAA home insurance and property taxes... Read more »

Mark Oakley
Mark Oakley answered on Jul 24, 2021

You fail to identify whose name(s) is/are on the deed. That will determine legal title and ownership. If your name is not on the deed, then you are left with a claim to some equitable ownership interest based on your $1,000 monthy payment toward repaying the $265,000 "loan" to buy the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: If I'm a year to year tenant in md and a landlord refuse to renew. Does real property code 8-402 subsection 3 apply
Mark Oakley
Mark Oakley answered on Jul 23, 2021

Yes, and no contrary provision in your written lease is legal to alter the 90 day notice to quit requirement for year-to-year leases. However, a lease with a one year term is not a year-to-year lease simply on account of the lease term being one year. A year-to-year tenancy automatically renews... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.

I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this... Read more »

Mark Oakley
Mark Oakley answered on Jul 23, 2021

Does the other driver not have insurance? Has their company denied liability? This is the reason you pay a premium for collision insurance or uninsured motorists coverage: to cover these damage losses when they occur. Of course you proceed under your policy rather than sue the other driver for a... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: What is the precedence proving when a contract is ratified. Is it when it is signed or when it is sent to the buyer?

Meaning if the seller signs it and holds it for 5 days, the buyer cannot meet the timeline to setup up inspections before the 10 day timeframe. Can the seller state the buyer is at fault for not meeting their deadlines?

Update: Was the response specific to MD or is the precedence valid in... Read more »

Mark Oakley
Mark Oakley answered on Jul 21, 2021

Offer + acceptance = ratified contract. Acceptance has to be communicated to be valid; there is no “secret” acceptance of a contract. However, a contract offer that is signed and placed in the mail is accepted on the date it is posted in the mail (unless the offer is made contingent on a... Read more »

1 Answer | Asked in Civil Rights and Small Claims for Maryland on
Q: I was banned from a chat room unfairly. I was given no warning of being banned. No warning action such as restricted.

I was banned over actions done outside of the chat room which is not fair. And when I tried to discuss things with the chat room owner, she cyber shouted at me. She never had considered that never has there been any issues from me ever and the owner never even considered that. I felt completely... Read more »

Mark Oakley
Mark Oakley answered on Jul 20, 2021

You have no legal right to be admitted to a private chat room owned, controlled or moderated by others. You have no right to be present in any privately owned setting, physical or virtual, which is not yours. You cannot force others to be friends with you, talk to you, allow you into their social... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Manager hired the same position I already hold. Just had an “exceeds expectations” review. Vague about this new person.

I’ve had my job for 11 mos. now & just had a 4/5 review & 6% salary increase. 3 mos. ago, saw an internal posting for my same job title! I asked Hr & they said I’m doing well & not to worry. My mgr posted it, so HR said I could ask my mgr for details. My mgr never mentioned it... Read more »

Mark Oakley
Mark Oakley answered on Jul 18, 2021

This is not a legal matter or law question. Unless you have a written employment contract that says or provides otherwise, you are an at-will employee, meaning you can be fired at any time for any nondiscriminatory reason. Maybe they’re planning on replacing the more expensive payroll employees... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is there anything that can be done or it will be all for nothing again?

When I was 13 yes old in Puerto Rico, I had my biological father go to court for abuse and molesting. My sister as well. There’s a lot more but I don’t want to say it here. Nothing was done, he still free like nothing happened. We want to know if we proceed with the case now that we feel kind... Read more »

Mark Oakley
Mark Oakley answered on Jul 17, 2021

If all the acts of your father occurred in Puerto Rico, the the law in Puerto Rico determines what you can and cannot do. Many states and jurisdictions have enacted laws giving victims of sexual abuse the right to sue their molesters many years after they turn 18. Whether you are within the statute... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: can a adverse possessor file a unlawful detainer regarding the adverse possession.

can a adverse possessor file a unlawful detainer regarding adverse possession regarding the eminent - - pre-eminent entitlement owner/owners regarding the adverse possession.

Mark Oakley
Mark Oakley answered on Jul 17, 2021

No.

1 Answer | Asked in Divorce for Maryland on
Q: If the wife makes more money and gets caught cheating, can the husband get spousal support?
Mark Oakley
Mark Oakley answered on Jul 17, 2021

You have cited two factors in a list of factors that would be considered in your favor when considering whether to award alimony in a divorce case. The limited facts you have provided, however, are insufficient standing alone to establish your right to alimony. Consult with a divorce lawyer in... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: What does it mean in Maryland traffic court if they choose to increase your fine? Does this increase the points too?
Mark Oakley
Mark Oakley answered on Jul 17, 2021

No, the violation charged on the citation fixes the points upon conviction, and the fine on the citation is merely a recommended pre-set fine the officers are required to put on the ticket in accordance with the District Court ticket manual; however, all traffic violations carry a fine range... Read more »

1 Answer | Asked in Construction Law for Maryland on
Q: What does this code mean TA-21-103a in (Maryland) mean. Was pulled over due to confusion of construction cones
Mark Oakley
Mark Oakley answered on Jul 16, 2021

The code section you site does not specifically refer to a construction zone violation, but is as follows: “A person may not willfully disobey any lawful order or direction of any police officer.” So the assumption is, a police officer was directing you to do something and you didn’t do it,... Read more »

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