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3 Answers | Asked in Civil Litigation and Legal Malpractice for Maryland on
Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can our landlord sell the house and evict us without us wanting to leave?

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.

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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2 Answers | Asked in Estate Planning for Maryland on
Q: What happens to my foreign bank accounts if I die in America without a valid will?
Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Foreclosure and Landlord - Tenant for Maryland on
Q: My foreclosure auction was 4 days ago. I dont know if it sold. I have a tenant living there.

How long before the tenant must leave? I am in Maryland.

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

Be prosecuted if it has caused harm to a business.

Cedulie Renee Laumann
Cedulie Renee Laumann
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.

2 Answers | Asked in Civil Litigation for Maryland on
Q: Is there discovery in every case?
Cedulie Renee Laumann
Cedulie Renee Laumann
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.

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2 Answers | Asked in Real Estate Law for Maryland on
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
Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: Home under appraised by 25k. Is the listing agent at any fault?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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,...
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3 Answers | Asked in Real Estate Law for Maryland on
Q: Am I liable for a mortgage if I did not fill out the loan application but am on the deed?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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2 Answers | Asked in Estate Planning for Maryland on
Q: who pays inheritance tax/

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?

Cedulie Renee Laumann
Cedulie Renee Laumann
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

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1 Answer | Asked in Contracts, Environmental and Real Estate Law for Maryland on
Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...

De

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Estate Planning, Business Formation and Business Law for Maryland on
Q: How do I write up a Bussiness trust 12-2004

I wanna write up a Unicorporated Bussiness trust

Cedulie Renee Laumann
Cedulie Renee Laumann
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

Q: Is it legal to get data base off of a local gov't website

It would be to create a business with the information obtained

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Tax Law for Maryland on
Q: If a deed of trust has 3 people on it and it is being transferred to one person on the deed, does the transfer tax apply

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Maryland on
Q: Is husband liable for a loan wife cosigned for her aunt?

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?

Cedulie Renee Laumann
Cedulie Renee Laumann
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.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: How would I find real property ie. real Estate on the Maryland probate search website? it is a little confusing

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I buy a property with Quit Claim deed and sell it with Warranty deed in future?

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?

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: Can the estate in probate make mortgage payments for the joint tenant/spouse?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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....
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Are there any lawyers in Frederick Co. that do pro bono cases for Landlord vs tentant issues?

Having issues getting my returned security deposit back

Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on
Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md
Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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