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Questions Answered by Mark Oakley
1 Answer | Asked in Criminal Law for Maryland on
Q: Is a show cause order concidered a warrant It says order-show cause and there's a court date for December 2

Just tryi.g I o figure out if I an going to be picked up on a warrant

Mark Oakley
Mark Oakley answered on Oct 26, 2021

No. It’s a hearing to appear at and for you to testify or present other evidence to oppose whatever relief is being sought against you at the hearing. There are so many different possible forms of relief where a show cause hearing is held, from relatively minor matters to serious, some which... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: What Happens If The Owner/Owners File A Wrongful Detainer MD Cts & Jud Pro Code § 5-103 (2019)

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Maryland on
Q: Is That Legal Or Illegal For A Judge To Not Rule On A Motion And And Rule In Favor Of Plaintiff Regarding A Court Case.

MOTION AS WRITTEN REQUEST NO ACTION OF THE COURT. BUT 10/22/2021Comment:STATES A DEFENDANT;0AU No.:001

Comment:KEYPOINTS 1:59-2:19. POSSESSION JUDGMENT ENTEREDComplaint No.:001

Comment:POSSESSION JUDGMENT ENTERED

MOTION IN WRITTEN BOX ONLY SAID. MD Cts & Jud... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

Your post is impossible to make sense of or know what happened. A judge rules on motions--it's his or her job. It's not "illegal," it's exacty what the judge is paid to do. If you are unhappy with the ruling, the rules of procedure provide that you may file a motion for... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: My child is 18 in high school living on their own, do I still have to pay child support to custodial parent?

How do I get child support changed to go to child personally while they are living on their own?

Mark Oakley
Mark Oakley answered on Oct 22, 2021

You would have to file a motion to modify child support in order to change an existing child support order, so until you do that and the court issues a different order, you owe the money. The court has the discretion to modify child support back to the date you file your motion to modify. The... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: In MD we were told that all we needed was the death certificate to sell a car that 2 people owned

Someone else told us that we needed a letter of administration is that true?

Mark Oakley
Mark Oakley answered on Oct 22, 2021

Most car titles are held jointly, with right of survival, meaning if one owner dies, the surviving owner becomes the sole owner. That is the default ownership status if not otherwise stated. The proof you need is simply the death certificate in that scenario to prove the one owner is deceased.... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How can my aggressor file a complaint on me, then when I in turn file one of them they have all charges dropped and I...

...and I got no chance to testify against them. Nor did I get notified of their court date.

I'll try to keep it short.

My fiance and I were arguing on a shared driveway. Neighbor wife comes yelling at us, not happy about our language and loudness. She gets in my face and shoves... Read more »

Mark Oakley
Mark Oakley answered on Oct 19, 2021

Hire a lawyer. It’s your only chance.

1 Answer | Asked in Family Law for Maryland on
Q: Ex-husband died recently. Had been married for 30 years. Am I entitled to any of his life/ins. or pen? I was not a bene.

There was nothing included in the divorce decree about life insurance or pension benefits. There are two adult children.

Mark Oakley
Mark Oakley answered on Oct 19, 2021

Upon divorce, your rights under any existing will would have terminated. While Maryland does not have a law in place that automatically terminates an ex-spouse's designation as a beneficiary under a life insurance policy, some states have such laws (New York, e.g.), so if your divorce was... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Do I need permission from my ex-wife to get my kids covid tested.

I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now... Read more »

Mark Oakley
Mark Oakley answered on Oct 19, 2021

Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your... Read more »

1 Answer | Asked in Probate and Real Estate Law for Maryland on
Q: Can mortgage company foreclose on a home owned solely by my brother whose estate is in probate?

Brother died intestate on 8/13/2021. Probate court date is 27 October, at which time personal representative will be selected. Creditors will have 6 months to come forward. House is major asset and there are insufficient cash funds in the estate at present to pay mortgage payments. Equity in... Read more »

Mark Oakley
Mark Oakley answered on Oct 16, 2021

No chance the mortgage company can foreclose and sell that fast. It takes at least 90 days of no mortgage payments to trigger the foreclosure notices, and if the PR communicates to the mortgage company the death of the borrower and that an estate is open and the house will be sold, then they will... Read more »

1 Answer | Asked in Personal Injury and Libel & Slander for Maryland on
Q: How detailed should complaint for Slander be if filing in District Court. Make sure I'm not presenting argument.

I want to give enough detail so the judge knows I have a serious issue that needs the court's judgment but I do not want to be presenting arguement.

Mark Oakley
Mark Oakley answered on Oct 16, 2021

The cause of action in Maryland is called “defamation of character” and it encompasses both verbal (slander) and written (libel) defamatory statements. A sufficient statement of a cause of action requires that you allege sufficient facts to meet each element of the cause of action. You must... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Civil Litigation for Maryland on
Q: My mortgage company refuse to sign my insurance claim check and sent the check back with no explanation.

I live in Maryland

Mark Oakley
Mark Oakley answered on Oct 14, 2021

You cannot expect a response that will help you in any meaningful way without providing facts, details and context. Start with stating what you received an insurance check for, why it was sent to your insurance company, and the reason the insurance company sent it back to you. If you don’t know... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Does the landlord have a right to charge returned check fees on a “lost” and canceled check?

Wells Fargo Bill Pay rent check was late. Late enough to be over 5 days past due. Allegedly. Once LL reached out, rent was paid via PayPal. Stop payment on late check was placed. LL later tried to cash late check. LL is now charging late fees plus bounced check fees as it seems he tried to cash the... Read more »

Mark Oakley
Mark Oakley answered on Oct 14, 2021

If you paid via PayPal, and the Landlord received the PayPal funds before he tried to cash your late check, then your Landlord had no right to try and cash the late check and receive double payment, so he has no right to charge the bounced/returned check fee. If your payment was late, and your... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: What is the process to put a lien on an individuals investment property?

I am a mtg broker. I brokered a loan for an individual on a commercial office space. Halfway through the loan process she requested to pay me "outside" of closing. This is not common practice. She made up a lame excuse that she likes to use different accounts for different payments.... Read more »

Mark Oakley
Mark Oakley answered on Oct 14, 2021

You will need to sue her and obtain a judgment first. The judgment, upon it being entered in the circuit court having jurisdiction where the property is located, will become a lien against the property. There is no way to place a direct lien against the property except by a written instrument... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: I planted trees & built a garden on the strip of land that the original owner of the property next-door told me was mine

The property has now sold for the third or fourth time & the new owners had a survey done. It shows the trees and garden are on their side of the survey line. We spoke to them within a week of their moving in and they said not to worry they couldn’t use that tiny strip of property next to... Read more »

Mark Oakley
Mark Oakley answered on Oct 14, 2021

I agree with Mr. Valkenet. Assuming the new neighbors' survey is accurate (I would confirm with your own survey), and you do not intend to try and litigate an adverse possession claim against them, then they own the strip and everything on it. That's what happens when you plant or build... Read more »

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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: In the state of Maryland do existing covenants (came attached to the land plat) require the formation of an HOA?

Our community (13 houses on 75 acres) was established ca 1985 and the developer established and controlled the covenants, this until January 1, 2010. After that, these covenants revert to the lot holders (13 homeowners). As the document reads, these are currently enforceable by each lot owner BUT... Read more »

Mark Oakley
Mark Oakley answered on Oct 11, 2021

If the covenants cover aesthetic issues like the type and color of roofs, whether windows are allowed on car garage doors, the type, location and set-back requirements (or prohibition) of sheds, sunrooms, fencing (including limits on type of fencing materials), location and type of shrubs, parking... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Real estate question, Maryland. I put in an offer of 94k on a house(100k listed) with a price escalation up to 110k.

My offer was for the house as is, No contingencies, cash. Second offer was made the following day. Seller accepted the second offer and we were asked to be back up bites but my agent was never sent paperwork. After an inspection was done the first buyer decided to back out. Upon receiving... Read more »

Mark Oakley
Mark Oakley answered on Oct 10, 2021

It cetainly sounds fishy. Have they now accepted your contract and are trying to proceed based on your high escalation price, and do you want to back out, or to only pay the initial bid amount? Can you prove that the seller was in on the alleged fake LLC bid? You need to act sooner rather than... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: On a trust with a ridiculous age of 35. Plus the fact that the trustee refuses to let beneficiaries know information.

The trustee has not fulfilled request to know where and who is second trustee in event of death of trustee. Is there a way to get special hearing to request information or early dispersement? Especially since the value of the assets were ridiculous and the out of state property was never included... Read more »

Mark Oakley
Mark Oakley answered on Oct 10, 2021

It is not uncommon for a grantor of a trust to make the age of distribution 35 years of age. They may be concerned about the reckless and inexperienced money management of youth or of particular beneficiaries, and want to ensure that their wealth transfer to their beneficiaries will be made after... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Changing title to condo in Annapolis Maryland after wife passes

The property was held as tenants in the entirety.

I never received a deed after the closing in August 2021.

The estate is small and will not go to probate. Financial and equity accounts have already been handled administratively with the respective institutions.

What... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2021

Two options: (1) record the deceased owner’s original certified death certificate in the land records, or just keep it handy for the day you elect to sell or refinance the condo, which is sufficient proof to establish you as the sole surviving owner; or (2) pay a lawyer to prepare a deed to... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If a gun is taken apart does it still considered as a loaded handgun ?

I was with a friend he’s a part collector but we got pulled over in his car and in the statement of charges it says loaded handgun but the gun was not even put together it was broke down to nothing basically

Mark Oakley
Mark Oakley answered on Oct 8, 2021

A “gun part collector”? Sounds like a dodge to me. Regardless, the definition of a firearm is found in the Maryland Public Safety Code, Section 5-101 (h)(1) “Firearm” means:

(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the...
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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

Mark Oakley
Mark Oakley answered on Oct 8, 2021

“With the understanding of ownership.” That will have to be clarified. Are you saying you have a rent to own contract with the owner? Your recourse will be contractual, and it will be against the owner/landlord, assuming you paid a premium above fair market rental value in order to secure a... Read more »

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