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Questions Answered by Cedulie Renee Laumann

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: My daughter doesn't live with me and isn't on my lease. Is she allowed to have her mail sent to my house? I live MD.

Cedulie Renee Laumann answered on Jun 19, 2019

There is no legal requirement that someone live at their mailing address. People can have a P.O. Box, or mail forwarded to another location/address besides their home.

The post doesn't mention the reason for mail forwarding. There may be circumstances where someone improperly uses an...
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1 Answer | Asked in Uncategorized for Maryland on

Q: Is a codicil that allows someone to live in one's home still valid after the deed has been changed?

My father had a codicil drawn up about 23 years ago that would allow his lady friend to stay in his home until she died or moved. The house was deeded in his and my late mom's name. He died in 2012. About 7 years before then he added my one brother and me to the home deed. It has become a... Read more »

Cedulie Renee Laumann answered on Jun 19, 2019

It would be difficult for an attorney to answer without seeing the actual documents in question.

Very generally, a deed supercedes a will or codicil. That is because a will can only control what property someone dies owning in their own name. If person A makes a deed that leaves...
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1 Answer | Asked in Family Law for Maryland on

Q: what can i do if my ex-husband fail to make his alimony payments and i do not have expenses for court cost.

My husband has his own business and own 4 brand new dump truck and is out purchasing new vehicles as well as purchased his mother a new car and making her monthly payments; but is not paying his alimony. What should I do?

Cedulie Renee Laumann answered on Jun 19, 2019

Many courts in this state offer a pro-se or "self help" family law clinic. They are usually staffed by volunteer attorneys who take the time to answer questions about family law issues and assist with filing out court forms. While these attorneys do not represent in court, their insight and... Read more »

1 Answer | Asked in Elder Law for Maryland on

Q: Maryland resident,how difficult is it to change deed on home from jwros to tenants by entirety. Also, the same for ba

Cedulie Renee Laumann answered on Jun 19, 2019

Tenants by the entirety is a special type of ownership for husbands and wives. If a couple bought property before a marriage and later get married, they could in theory re-deed the property from themselves as joint tenants to themselves as husband and wife, tenants by the entirety.

A...
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1 Answer | Asked in Landlord - Tenant for Maryland on

Q: in a commercial lease what is the maximum # of months security deposit a landlord can request

Cedulie Renee Laumann answered on Jun 19, 2019

Whatever the commercial tenant is willing to pay.

The limits applicable to residential leases have no bearing in commercial leases.

You may wish to seek the help of a real estate lawyer to review and negotiate any commercial lease. Because they lack protections built into the law...
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1 Answer | Asked in Adoption and Family Law for Maryland on

Q: do i need permission from my ex for my fiancé to adopt if I have sole physical & legal custody?

My ex recently after 5 yrs just starting repaying back support, he has renewed his interest which leads me to believe he would not actively participate and cooperate with my fiancé adopting my daughter. The ex hasn’t seen my child in over 4 years because he has long history of substance abuse.... Read more »

Cedulie Renee Laumann answered on Jun 19, 2019

The legal standard for adoption is different than for granting sole custody. A natural parent must be notified of adoption proceedings. Adoption generally requires the natural parent's consent or a court order terminating the natural parent's rights as a parent (in extreme circumstances).... Read more »

1 Answer | Asked in Federal Crimes for Maryland on

Q: Is md code 1-202 a felony or misdemeanor

Cedulie Renee Laumann answered on Jun 19, 2019

Maryland annotated code is broken down into many "articles." Each of the articles is numbered (starting with 1-101, 1-102, etc.) Because there are dozens of different code sections labeled "1-202", you might want to re-post to clarify what article of the code you are talking about.

1 Answer | Asked in Employment Law for Maryland on

Q: Can a employer force a employee to work 12 hr shifts after they were hired for 8 hr shifts? Notice verbal or written?

I will be losing 8 hrs in my paycheck going to 12 hr shifts plus I will be losing my shift differential. We were made aware of this by the unit manager verbally. Shouldn't it be in writing to be legal and come from company CEO? Would greatly appreciate any insight.

Cedulie Renee Laumann answered on Jun 19, 2019

Very generally speaking an employer can freely change work hour requirements. An employer must honor overtime laws and child labor laws and in some cases retail break laws but otherwise can set work hours and shifts pretty much as the employer sees fit. There is no law requiring changes to... Read more »

1 Answer | Asked in Banking, Consumer Law and Contracts for Maryland on

Q: Do I need a Maryland Consumer Loan license to lend a friend $6,000.00 and charge 14% interest for a four year term?

Cedulie Renee Laumann answered on Jun 19, 2019

Your question involves at least two areas of commercial law in this state-- interest rates and lender licensing.

Maryland's laws on lending and usury (maximum interest) are a bit complicated. The legal rate of interest in this state is 6%. To charge more, you must fit within an...
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1 Answer | Asked in Real Estate Law for Maryland on

Q: In a co signed mortgage, can the lead borrower legally divest all interest in the property?Lead isn't on deed.

Cedulie Renee Laumann answered on Jun 19, 2019

This sounds very similar to another question recently asked on this forum.

A borrower has no interest in property by being on a mortgage, they only have an obligation. That borrower cannot typically remove themselves from the obligation unless the other owner refinances, pays off or...
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3 Answers | Asked in Real Estate Law for Maryland on

Q: Can a primary borrower divest all interest in a property when they are not on the deed?

Cedulie Renee Laumann answered on Jun 19, 2019

If someone is not on the deed they have no interest to "divest" by deed. If instead you mean to ask whether a borrower can they get out from the loan obligation by deeding away their interest, the short answer is "no" - at least not without the lender's approval.

Typically a co-owner...
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2 Answers | Asked in Contracts and Collections for Maryland on

Q: Is it legal to garnish my pay check for a broken lease that I signed in 2003, now in 2019?

I signed a lease March 2003 for move in date April 2003 I wrote a letter stating I would not be moving in the appointment was still rented out that April to someone else. 2012 the rental company came after me for payment, then again I’m 2015 now I’m 2019 my check is being garnished for this... Read more »

Cedulie Renee Laumann answered on Jun 19, 2019

Is there a judgment?

Garnishment does not usually happen unless there was a court case and a judgment. Judgments are good for 12 years in this state, and can be renewed for additional 12 year terms. Most, but not all, cases need to be filed within 3 years.

So if...
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2 Answers | Asked in Real Estate Law and Construction Law for Maryland on

Q: Is there a Maryland law that indicates home sellers must cover cost to fix septic or well?

if they don't pass inspection? or are these addendum's that are put into an offer?

Cedulie Renee Laumann answered on Jun 13, 2019

No.

While a seller might have a harder time selling as-is and some types of financing will require these items to be in working order there is no law mandating that the Seller must do repairs.

You're encouraged to talk these items over with your real estate agent and/or real estate...
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4 Answers | Asked in Foreclosure and Real Estate Law for Maryland on

Q: Great grandmother's property going into lien foreclosure in 2 wks. If I pay taxes, can I sell the property.

Great grandmother died in 1985. Left property as heir property. My mother held power of attorney. My great-uncle attempted to sell the property. He couldn't b/c the heirs never paid my great-grandmother's attorney for the work he did. As such, the deed was never transferred to the heirs. Taxes are... Read more »

Cedulie Renee Laumann answered on May 22, 2019

Short answer: anyone can pay back the taxes (and reimbursable expenses if the property has gone to tax sale) to redeem the property. Paying the taxes does not change ownership.

Long answer: Only a personal representative can sell the property (or convey it out of the estate). An...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on

Q: I have had a mice problem with my apartment. I would like my rent refunded. I have asthma.

I have asked for my apartment to be mice free. It has taken them three exterminator visits, they have had to fill in three holes in my unit. They have found mice excrement, that is the exterminator found this. I was denied having my floors cleaned by the onsite manager, I had to call the... Read more »

Cedulie Renee Laumann answered on May 7, 2019

An online post won't be able to offer specific legal advice, but when conditions in a rental rise to the level of a serious hazard jeopardizing health or safety, Maryland law offers the option of rent escrow. Not every nuisance rises to the level of hazard and it is a very case-by-case analysis.... Read more »

1 Answer | Asked in Real Estate Law for Maryland on

Q: After a rate lock expires are you required to extend or can the current mortgage rate be used?

Cedulie Renee Laumann answered on May 7, 2019

Under normal circumstances no one can force a borrower to get a rate lock or even to stay with a particular lender. The rate lock offers protection to a potential borrower, so it is entirely up to them. Now a lender may have its own rules about how long its approval is good for, and one might... Read more »

3 Answers | Asked in Real Estate Law for Maryland on

Q: My house shares a chimney&both sides need to be fixed to correct water leak the other house is rental & no contact info

I have no correct contact info for the rental property company / owner. The chimney company says I can just get my side fixed but that will NOT solve the problem of the water leaking and they won't be able to guarantee the work just the materials. What is my recourse? If I pay to have the whole... Read more »

Cedulie Renee Laumann answered on May 7, 2019

Generally speaking you can't shift a bill to someone else unless they approve of it or have a legal obligation to pay it. There are some exceptions to this rule but they usually involve situations where someone knows about a benefit and sits back and knowingly takes the benefit without saying... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on

Q: In Maryland, can a trust contain the power/authority to hold $150,000 from the beneficiaries indefinitely?

150,000 is to provide funding to place flowers on three gravesites two times each year.

Cedulie Renee Laumann answered on Apr 29, 2019

A trust can usually be set up for any purpose the person making the trust (called a Grantor or Settlor) desires, with any kind of stipulations the Grantor deems appropriate in their own eyes. If the Grantor wanted to reserve $1 million to feed pigeons at a local park, they could usually do so,... Read more »

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1 Answer | Asked in Estate Planning for Maryland on

Q: When a loved one passes away are you required by law to open up an estate if they have a house in a reverse mortgage

Cedulie Renee Laumann answered on Apr 17, 2019

If someone dies with property titled in their sole name, then yes, an estate should be opened. Very generally speaking family has no obligation to open an estate (unless they are the named personal representative in a will) but it is usually in their interests to do so.

A reverse...
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2 Answers | Asked in Real Estate Law for Maryland on

Q: If I sell my Maryland house with a life estate deed WITH power before I die, is the remainderman entitled to anything?

Cedulie Renee Laumann answered on Apr 7, 2019

No.

Life estate deeds with full powers are used regularly for estate planning in this state and if properly drafted the remainderman has no interest whatsoever until the life tenant dies.

Please note that an attorney cannot realistically answer questions about a specific deed...
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