Questions Answered by Cedulie Renee Laumann

Q: My father recently purchased a single-Family home at auction. What is the best way for me to get a loan for 60% equity?

3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Answered on Feb 11, 2019
Cedulie Renee Laumann's answer
If your father owns the property free & clear and he is looking to give it to you, in exchange for you paying him back, this sounds like a family mortgage situation. This is documented by a note and mortgage/deed of trust. My firm helps clients set up family deed transfers and family mortgages, as do other attorneys in this state. Some private mortgages by unlicensed lenders are no longer allowed in this state, but Maryland does still allow parent/child mortgages.

Typically if a...

Q: I have a Tax Lien certificate in Charles county MD. What statute shows allowable costs for Letter of Settlement?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Jan 24, 2019
Cedulie Renee Laumann's answer
The reimbursable expenses are outlined in Md Ann Code Tax Property Article Title 14. Specifically you'll want to look at 14-843. No, the costs of purchasing a lien certificate are not recoverable although the amount of taxes the original purchaser paid would be.

Because the statute allows for reimbursement of specified attorney fees, most tax sale certificate holders utilize the services of an attorney. You are encouraged to consult with an attorney. While I hope this online post...

Q: A lawyer doctored a document and presented it as the original to win his case. What can be done.

1 Answer | Asked in Legal Malpractice for Maryland on
Answered on Jan 11, 2019
Cedulie Renee Laumann's answer
Most rulings can be appealed if there was an error in the trial court's handling of the evidence. However, keep in mind that appeal rights are very time sensitive.

Separately, the Attorney Grievance Commission in this state investigates charges of lawyer misconduct.

While not legal advice, I hope the general information above helps.

Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Civil Rights for Maryland on
Answered on Jan 11, 2019
Cedulie Renee Laumann's answer
The beneficiary under a Deed of Trust IS the lender.

Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for corporations operating in this state.

While not legal advice, I hope the above general information helps!

Q: My new commercial lease does not include any terms regarding rent increases. Is there a maximum amount in Maryland?

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Answered on Jan 10, 2019
Cedulie Renee Laumann's answer
No, commercial leases don't have caps in this state and generally the terms can be whatever the parties negotiate.

Q: Am I responsible for water and sewer charges that were charged to the builder? I'm being sued over front foot fees.

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Jan 8, 2019
Cedulie Renee Laumann's answer
Generally front foot assessments go with the property and become an obligation of the new owner (the same way HOA fees or property tax obligations would). Typically these payments last up to 30 years after a new development is built. That being said, both the contract and the closing paperwork should reveal the existence of front foot assessments.

If the Seller NEVER disclosed the front foot assessment, didn't put anything in the Contract and failed to notify in any of the...

Q: I am a trustee on a property that's in pre foreclosure. I would like to buy the home. Trust doc says we can buy and sell

2 Answers | Asked in Real Estate Law, Foreclosure and Estate Planning for Maryland on
Answered on Jan 10, 2019
Cedulie Renee Laumann's answer
Under federal law, family members inheriting property may be able to simply take over the mortgage payments instead of refinancing in certain situations. However, whether that is feasible depends on other factors, such as buy-out ability. If the property remains in Trust, it is sometimes possible for a trust to take out its own mortgage (or refinance) but that is more complicated than an individual getting a mortgage on their own residence. If the property is at risk of foreclosure then it...

Q: Does a doctor break any laws dating a former patient?

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Answered on Dec 27, 2018
Cedulie Renee Laumann's answer
As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient relationship a single visit without dependency or was this a long-term counseling situation? Besides all that, is the doctor in a practice / group with rules about such relationships?

Off the top of...

Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

3 Answers | Asked in Civil Litigation and Legal Malpractice for Maryland on
Answered on Dec 18, 2018
Cedulie Renee Laumann's answer
Attorneys can appropriately represent more than one defendant in a given case (or for that matter more than one plaintiff), so long as the parties represented by the same attorney don't have claims or conflict involving each other. What an attorney cannot do is represent parties on two different sides of the same case (E.g, a plaintiff and a defendant in the same case).

Your post does not elaborate on why you suspect there is a conflict of interest, but at the end of the day if two...

Q: Can our landlord sell the house and evict us without us wanting to leave?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
Since the post suggests a Philadelphia location and a Maryland question, I'd first want to confirm where the property is located.

If in MD, Maryland law applies. (If in PA, re-post to PA). In Maryland, a landlord cannot oust a tenant during the lease term simply because the owner wants to sell (assuming the lease doesn't give the LL such right). Instead, the termination provisions of the lease apply and the landlord would need to wait until the end of the term or give the appropriate...

Q: What happens to my foreign bank accounts if I die in America without a valid will?

2 Answers | Asked in Estate Planning for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
If you are domiciled in Maryland at the time of your death, die without a will and an estate is opened up here, your probate property passes under the laws of intestate succession. Who gets the probate property and in what percentage depends on what relatives survive you.

Some property goes to beneficiaries by title and would not become a part of a probate estate. So it would be important to know how any bank accounts were titled. If the bank accounts had a beneficiary, presumably...

Q: My foreclosure auction was 4 days ago. I dont know if it sold. I have a tenant living there.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
As with many things legal "it depends." If the tenant is a "bona fide" tenant (not related to the owner who lost the house), they may get 90 days or they may get to ride out the current lease.

The rules for how long a tenant gets to stay under the terms of their pre-foreclosure lease differ depending on who bought at auction (for instance, if someone bought to occupy the property they can oust a tenant quicker than someone who bought the property as an investment). It also varies...

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

Q: Is there discovery in every case?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
No, discovery is not mandated. It is up to the litigants to request what discovery they desire/need, consistent with the Maryland Rules of Civil Procedure.

Q: I have a commercial lease in MD whats the max late fee my landlord can charge. I'm 7 days late. I have read 5 percent or

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
Commercial leases do not follow the same rules as residential leases. The percentage cap you refer to (which is actually $5 per month or 10% of the payment due, but no more than 3 monthly late fees) deals with consumer debt which does not apply to commercial situations.

With few exceptions, the parties to a commercial contract can usually agree to any financial terms they wish.

See Md. Ann Code, Commercial Law, Title 14, Subtitle 13

Q: Home under appraised by 25k. Is the listing agent at any fault?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Dec 5, 2018
Cedulie Renee Laumann's answer
A public post on this site is not designed to give any legal advice or opinion specific to a situation, but just general information related to a topic of law.

Let me first clarify /re-state your question: you asked a real estate agent to do what you wanted by listing at a certain price, now you wonder if there is legal basis to hold her "at fault" for following your instructions because a third party (appraiser) later had a different opinion of value?

Generally speaking, NO,...

Q: Am I liable for a mortgage if I did not fill out the loan application but am on the deed?

3 Answers | Asked in Real Estate Law for Maryland on
Answered on Nov 30, 2018
Cedulie Renee Laumann's answer
To answer the last question first, a deed does not in and of itself have anything to do with obligation on a loan. So if the loan is not paid off, the mere recording of a deed doesn't change anyone's liability.

More generally, in some situations, there is a loan by one but not all of the owners as borrowers. There are two related questions about "being liable" when someone is on the deed but not the loan. First, the non-borrower generally risks the lender taking the collateral...

Q: who pays inheritance tax/

2 Answers | Asked in Estate Planning for Maryland on
Answered on Nov 14, 2018
Cedulie Renee Laumann's answer
As another attorney noted, except for things like life insurance or small amounts of $1,000 or less, a 10% inheritance tax is due in this state for anything inherited from a cousin (or most anyone else outside of immediate family). As to who actually pays this, depending on how the Will is written the Estate may pay the tax on your behalf. The lawyer handling the estate should be able to tell you whether or not the estate will pay the tax on your behalf.

Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...

1 Answer | Asked in Contracts, Environmental and Real Estate Law for Maryland on
Answered on Oct 19, 2018
Cedulie Renee Laumann's answer
An attorney cannot assess the Seller's obligation without looking at the Contract.

That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is not uncommon to treat well water by a water filtration system that covers the house and perhaps a single reverse osmosis system under the kitchen sink. Alternatively, if the lead is coming from certain...

Q: How do I write up a Bussiness trust 12-2004

1 Answer | Asked in Estate Planning, Business Formation and Business Law for Maryland on
Answered on Sep 19, 2018
Cedulie Renee Laumann's answer
The first question any business attorney will likely ask is: what are you looking to accomplish? A business trust is an old but relatively unusual way to conduct business, except perhaps in the case of real estate held in a grantor's revocable living trust. The question doesn't give any facts as to why an "unincorporated business trust" is desired. Most attorneys would ask whether the Grantor determined the tax liability for conducting a business in a trust vs. through a standard or...

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