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Questions Answered by Cedulie Renee Laumann
2 Answers | Asked in Civil Litigation for Maryland on
Q: What is the statue of limitations in Maryland for an unrecorded deed

My father brought a house with his first wife, he divorced and married my mother, when he died his name and his first wife name was on the title. My mother brought his ex wife half. Now my mother has died and my father name is still on the house. I was told me his daughter had the same rights... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 10, 2019

A deed can be recorded anytime after it is signed, but how an unrecorded deed affects other people's rights in a particular piece of property depends on the specific facts of the situation. Very generally speaking someone who pays market rates for real estate and is unaware of any other deeds can... Read more »

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1 Answer | Asked in Tax Law for Maryland on
Q: If I purchased a tax sale certificate and foreclose am I liable to repay the original purchser state and fedetax liens.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

It is strongly advised to use an attorney to initiate foreclosure proceedings. Maryland law allows for reimbursement of the tax sale purchaser's attorney fees up to a specified dollar amount upon redemption, so nearly all of the time a certificate holder will use an attorney who can help answer... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is thereis 15 day grace period to pay rent to a residential group home in maryland
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland law does not impose a "grace period" for late payments of rent, but you may wish to check the terms of a particular lease to see if there is a grace period before late fees begin to accrue. Generally speaking, rent is due on whatever date the lease says it is due and unless the lease says... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: My question is someone is claiming to be hurt through workers compensation, how do you report it?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland employers should post in the workplace information about Workers Comp, but an injured employee can always contact the Workers Compensation Commission.

Alternatively, an injured employee can reach out to an attorney practicing in this area of law.

1 Answer | Asked in Contracts and Securities Law for Maryland on
Q: I am being charged 24.22 % for a loan this is higher than the usury law. I have a secured loan and the contract has

The contract has expired on my secured loan which I secured with my vehicle but I still owe the fees for late payments. Can my vehicle still be reprocessed? I have paid $2200 of the $ 3300 of late fees I owed.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland usury law is rather complicated and has all sorts of different rates of interest depending on the situation. For instance, the maximum legal rate of interest permissible for a Maryland loan might be 6%, 8%, 18% or 33% depending on the facts.

If after looking at the various...
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1 Answer | Asked in Employment Discrimination for Maryland on
Q: How can I sue my employment for firing me for being on bed rest because I was pregnant

And how much is it gonna cost me to get a lawyer and how do I get the lawsuit filed

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

You may wish to sit down and speak with an employment lawyer. Depending on the size of the employer and how long you worked there, laws like the Family Medical Leave Act (FMLA) and laws preventing discrimination on basis of pregnancy may apply. An employment lawyer should be able to tell you... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Is a testamentary will sufficient to avoid probate in Maryland VA even if you own a home?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

In a word, "NO." A will does not avoid probate. A planner may have good reason to want to avoid the process and expense of probate (which typically involves costs to include a commission to the PR, newspaper publication, attorney fees and probate fee, though the probate fee is not particularly... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: My mortgage company did a modification on my mortgage. They gave me a 3 month trail period. That was about 7 months ago.

They are saying they can't complete the modification because it is showing I have another mortgage on the title from 2007,and I need to supply them with a copy of it.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

There doesn't seem to be a question in this post.

If an old mortgage is paid off but not showing as "released" in the Land Records it would be necessary to straighten that out. Lenders should mail something called a Certificate of Satisfaction or Release once a loan is paid off...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: can I go after my landlord for hotel fees because I don't have heat
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

If there is no heat due to a malfunctioning heating system or something else in the Landlord's control, a tenant can petition in court for something called "Rent Escrow." Rent Escrow basically is designed for situations where some serious / dangerous problem threatens the health or safety of the... Read more »

1 Answer | Asked in Banking, Civil Litigation and Collections for Maryland on
Q: In Maryland our joint account was served with a writ of garnishment however only of of us is the judgment debtor.

Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.

Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Grandmother and her husband are on the house deed. Grandmother died. Who gets the house and how?

We are a blended family. Step grandfather’s son called saying he has POA and wants access to the house. We never met him before and step grandfather is in nursing home, deemed medically incompetent and is non verbal.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

As another attorney notes, the surviving co-owner (grandfather) would own 100% of the property if he owned it with his wife as tenants by the entirety.

A person's physical or mental state does not change their ownership of property. However, if the owner is no longer capable of managing...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a family member act as a witness on a Power of Attorney?

One witness can be the notary and the other witness, not named on the paper as an agent, successor, or alternate, witness the document, even if the witness is a family member?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

While the law does not prohibit relatives from acting as a witness to a POA, best practice is to have the witnesses be disinterested non-relatives if possible.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: In MD can I be on a sale contract for a home if I’m not taking out the mortgage or can I only be on the deed and title?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 28, 2019

The sales contract will usually match the deed. In other words, whoever is going to acquire the property should be identified. Sometimes acontract purchaser will just list their name "and/or assigns" as buyer so they can assign their interest to someone else. But typically if 2 people are... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I be sued for $19000 because the basement gets water in it sometimes?

Sold my home “as is” and now I’m being sued by the buyers because when it rains hard water comes into the basement.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 25, 2019

"Can" someone be sued for a claim based on a problem with real estate? Yes, people can be sued for all sorts of reasons. Some claims can be dismissed or resolved before they get to trial, other claims go to trial and the chances of winning or losing depends very heavily on the specific facts of... Read more »

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3 Answers | Asked in Estate Planning for Maryland on
Q: I inherited my mother’s house when she passed how do I transfer the deed into my name? The estate was settled in 2013.

I’m the sole heir and the administrator of her estate.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 30, 2019

I echo the other attorney comments about contacting a real estate attorney to assist with this if you did not have an estate attorney do this when the estate was administered. My firm handles these kinds of deeds for a flat fee, as do many other attorneys. Your attorney may ask to see a copy of... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it legal for five members of a nine member Board to meet (or email) to plan & agree on action at the next Board meet.

Is it legal for the Five to do this without including the community (aka public) and the remaining four Board members (who happen to be the officers of the Board)

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 19, 2019

In many cases, corporate board members can freely consider what they want to do outside of a formal meeting. That is how resolutions are frequently made. That being said, the bylaws must be followed and ordinarily whatever the board members might consider outside of a meeting, unless there is... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does the buyer under contract following an inspection have a right to recind their offer completely?

Buyer not given the right of repair.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 17, 2019

This all depends on the specific contract and the specific contract language. There is no one size fits all answer.

You are encouraged to seek legal advice if you have a question about the rights or obligations of parties under a particular contract.

3 Answers | Asked in Estate Planning for Maryland on
Q: My brother and I are joint trustees in a living trust containing our mother's assets. What if one of us resigns?

The trust is located in Maryland and our mother is suffering from dementia.

If the trust is re-written with one of us as sole trustee, and the other as the successor trustee in the event the first becomes unable to serve as trustee:

1. Are the contents of the trust or trusteeship... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 11, 2019

Specific questions about specific planning documents usually require sitting down with an attorney to review. That being said, I'll try to address in general terms the questions posted.

With respect to inheritance and other death taxes: these taxes apply in Maryland no matter whether...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can attorney charge $300 collection and attorney fees for $180 of HOA owed in Maryland?

I was out of the state temporarily and at which I missed 2 quarter HOA payment for January and April 2019 fees at $90 each for a total of $180. Upon returning in June, I found out I have mails about my delinquent account. I immediately tried to resolved it following up with the HOA management... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 23, 2019

Typically HOA documents say that homeowners will pay costs of collection, including reasonable attorney fees, for any past due accounts.

Maryland's Rules of Professional Conduct for attorneys requires that attorneys fees be reasonable based on the time and labor and complexity involved....
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3 Answers | Asked in Probate for Maryland on
Q: What if a person doesn’t go through probate, does the property go to the decendents
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 12, 2019

Whatever someone dies owning titled in their sole name becomes part of their probate estate. Other property (such as jointly owned real estate, bank accounts, life insurance with named beneficiaries, etc.) may go directly to named beneficiaries or co-owners. The beneficiaries (people inheriting... Read more »

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