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I served 2 summons complaints, one on Ocwen Loan Servicing and second on U.S Bank, NA as Trustees resident agents who were different companies who had different names and addresses. The attorney for U. S. Bank, NA as Trustee is representing both Ocwen Loan Servicing and U.S. Bank on two separate... View More
answered on Dec 18, 2018
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... View More
We have roommates some pay some do not pay often. He's apparently selling the house in January and needs us out by then. It's November 12th and we planned to live here for another 2 years.
answered on Dec 7, 2018
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... View More
answered on Dec 7, 2018
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... View More
How long before the tenant must leave? I am in Maryland.
answered on Dec 7, 2018
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... View More
Be prosecuted if it has caused harm to a business.
answered on Dec 7, 2018
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.
answered on Dec 7, 2018
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.
answered on Dec 7, 2018
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... View More
I need opinions. Our realtor suggested a list price of 310k to start after doing a comp analysis. My husband thinking we should be on the high side because of our oversized 2 car garage with a bathroom asked about 315k. She said we could try and see what happens. So we signed a listing agreement... View More
answered on Dec 5, 2018
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,... View More
My ex husband and I owned a house for many years and after the divorce, he refinanced the house and I was taken off the old mortgage. He applied for a new mortgage and later a HELOC and forged my name at closing as I am still on the deed since he has not paid me yet for my half of the house. My... View More
answered on Nov 30, 2018
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... View More
I have looked online and can't find this info. My 1st cousin died and listed me as a beneficiary in her will. I live in MD as did she. Will I have to pay inheritance tax on any thing I receive from the estate or am I considered a direct family member?
answered on Nov 14, 2018
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... View More
De
answered on Oct 19, 2018
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... View More
I wanna write up a Unicorporated Bussiness trust
answered on Sep 19, 2018
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... View More
It would be to create a business with the information obtained
answered on Sep 18, 2018
Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one... View More
I am in the process of assuming my mortgage and will have the deed updated as well. Myself, my ex-husband and brother are on the deed. The deed will be transferred to only myself. I just want to make sure I'm reading the exemptions to the transfer tax correctly, stating that the tax... View More
answered on Sep 18, 2018
Unfortunately the answer is very locale and fact specific.
There are 3 different taxes that come into play with a deed. Transfers to/from a spouse, where property is encumbered by a mortgage, are exempt from both state & county transfer/recordation tax. Transfers to/from a... View More
Hello,
My wife and I live in Maryland. She cosigned on a loan for her Aunt, who lives in Florida, to help her buy a house. Could I be in anyway ultimately responsible for it?
answered on Sep 18, 2018
Maryland does not shift debt to a spouse, so if a husband never signs any loan documents he should not be personally responsible for the debt of his wife.
Whether or not any assets are at risk will depend how they are titled.
While not legal advice, I hope that this helps.
Also is there a way to filter out the probates that do not have real estate attached to them? Thank you!
here is the link i am using:
https://registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx
answered on Sep 18, 2018
To find real estate in Maryland, one typically searches land records, not probate records. Probate searches will show what probate estates have been opened.
There is no way to search for what is in a particular estate (whether real estate or otherwise) without going into each... View More
I am planning to buy a foreclosure property in Laurel MD. The title is transferred via a Quit Claim Deed. Later point of time after I am the owner, can I sell that property without any issues transferring the title using a Warranty deed?
answered on Sep 10, 2018
Quit claim deeds raise red flags in a title search but they don't prevent the person who gets property this way from making greater warranties.
Essentially the person giving property through a quit claim says "I don't know if I own this property but if I own it, I give it to... View More
My mother passed unexpectedly a few months ago. She'd been separated from my father for over a decade but they were still legally married when she passed and he is also on the mortgage and now has full ownership of the house. My father lives out of state, I don't. We would like to keep... View More
answered on Aug 31, 2018
Please keep in mind that a federal law generally allows close family members who inherit a home to pay off the mortgage in the ordinary course and not requiring a lump sum payment.
An attorney would need to sit down with you to fully answer questions related to a specific estate.... View More
Having issues getting my returned security deposit back
answered on Aug 29, 2018
You'd have to speak to the particular firm/attorney and ask them if they're willing to work for free based on the facts of your case and your financial situation.
However, if your landlord wrongfully withheld the security deposit without reason and without letting you know... View More
answered on Aug 29, 2018
The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:
https://maryland.freelegalanswers.org/
They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your... View More
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