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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Real Estate Law for Maryland on
Q: My wife owes some money and was taking to court (judgment). the title of our house have both our names - would it affect

Would it affect the title? - she is on the title as co-owner but not on the loan

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 23, 2012

No, it shouldn't. Assuming you two took title to the property AFTER the marriage and own as husband and wife, your marital asset should be protected. There are exceptions to this general rule (if there is a fraudulent conveyance for instance), but in most cases property held jointly in... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: The seller delayed settlement several times on the property we purchased. What recourse do we have?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 23, 2012

The answer depends in large part on the specific language of your real estate contract and the facts surrounding this transaction. If you have a set closing date and time is of the essence a buyer may be able to force the closing by a demand for specific performance. If there were simply a few... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: If property goes into foreclosure, how can one borrower get the other off the loan, or force the sale of the property?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 23, 2012

In Maryland, one owner can force a sale by a legal proceeding called a sale in lieu of partition action.

While I hope that this general legal information helps you are encouraged to seek specific legal advice before undertaking any litigation.

1 Answer | Asked in Employment Law for Maryland on
Q: Can my boss prohibit me from seeing my doctor for annual job physicals?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 23, 2012

It is hard to understand why an employer would even know about the employee's personal health care and treatment. Certainly everyone can see a doctor as he/she sees fit without an employer's permission. If your question pertains to taking time off to attend to personal matters, that is... View More

1 Answer | Asked in Employment Law for Maryland on
Q: In Maryland the company i work for is giving everyone a 10 % decrease, but I'm a salaried employee and my hours increased

Can they do that? What are my legal rights?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 23, 2012

The answer depends on whether you are a contractual employee or an at-will employee. Most employees are at-will and the employer can change salary or hours as it sees fit. Usually an employee has no legal recourse if s/he does not like the salary or hours other than changing jobs. That being... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Where can I find information of how to supeona evidence in a court case?

I am trying to apeal a desicion of my case where I am the Plaintiff and need the defense to produce the items in question so the higher court can review for themselves the "public safety" issues that were raised at the first hearing. This appeal is a paper review, and since I was not very... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

If you need to obtain evidence while a civil case is pending, the law offers a variety of discovery mechanisms (interrogatories, subpoenas, etc.) However, in appeals, new evidence is generally not allowed in the appeal (unless it is an appeal de novo). Instead, appeals are based on exhibits and... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: How do i request copies of evidence in a civil suit in the state of Maryland?

I am working on an appeal and need the defense to show the property in dispute (including documents they have in their possesion) to show that they are lying through their teeth. How and what do I file with the appeal?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

If you need to obtain evidence while a civil case is pending, the law offers a variety of discovery mechanisms (interrogatories, subpoenas, etc.)

However, in appeals, new evidence is generally not allowed in the appeal (unless it is an appeal de novo). Instead, appeals are based on...
View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: How do i file a motion to vacate judgement in a Civil case?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

Motions to vacate must comply with the Rules of Civil Procedure and set forth the reasons why the court should set aside the judgment. They generally are difficult motions to win in the absence of unusual facts or compelling evidence of fraud, irregularity or mistake. Please note that this post... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: How do I oppose a request for Order Directing Defendant to Appear for Examination in Aid of Enforcement of Judgment?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

Opposition to any written motion/request should be in writing and served on the other party. However, if judgment has been entered generally the defendant / judgment debtor can be forced to appear.

Please note that this post does not create an attorney/client relationship and does not...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: How do u fill out a CIVIL DOMESTIC CASE INFROMATION REPORT AND AFTER ITS FILLED OUT HOW DO U FILE IT WITH THE COURT
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

This is a pre-printed form with fill-in-the-blank spaces for names of parties, etc. It simply gets attached to the initial pleading (the Complaint/Petition or the Answer) and mailed or delivered to the clerk's office.

1 Answer | Asked in Civil Litigation for Maryland on
Q: Someone cashed a check for me and wont give me the money, can I take them to court and get my money?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

Assuming the check / damage is under $5,000, this type of claim can be handled as a "small claim" by filing a civil complaint in the District Court. The District Court has brochures to help people who want to self-file small claims or you could consult an attorney if you want legal assistance.

1 Answer | Asked in Uncategorized for Maryland on
Q: WHAT CASE LAW AND STATUTE CAN I USE TO REFILE MY CIVIL CASE HAVING BEEN DISMISSED WITHOUT PREJUDICE DUE TO ATTORNEY

ATTORNEY WAS DISBARRED

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

I am sorry to hear that you were represented by a now-disbarred attorney. So long as you are still within the applicable statute of limitations, you do not need to cite any particular case law or statute to refile. However it is not clear what kind of case or what statute of limitations you might... View More

1 Answer | Asked in Insurance Bad Faith for Maryland on
Q: We sold a rent prop years ago. USAA won't rep us in Ld Paint suit now b'cuz we d't have policy.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

There are ways to obtain copies of insurance policies even if you do not have the physical copy in hand. You may wish to schedule a consultation with an attorney who can review the specific details of your situation and offer some advice.

1 Answer | Asked in Employment Discrimination for Maryland on
Q: Hi! what is the statue of limitations time period for filing a civil case ?back in late 2009 and resigned in 2010 Sept
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

Generally most civil matters must be filed within the three year general statute of limitations. That being said, some statue of limitations are shorter and some longer, depending on the specific cause of action.

Please note that this post does not create an attorney/client relationship...
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1 Answer | Asked in Probate for Maryland on
Q: If I marry a resident of Maryland who has debts, am I liable to pay off his debts if he is deceased
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

No. A spouse does not become personally liable for their spouses' debts just because of marriage. The Personal Representative (often the surviving spouse but not necessarily) has the job of paying off the decedent's debts out of his/her assets. The widow(er) does not need to contribute... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: I have two estranged sons in NJ. I want to leave them nothing! Does MD probate mandate that I bequeath them in my will

I have two estranged sons – in NJ. I want to leave them nothing! Does MD probate mandate that I bequeath them in my will and / or name them as beneficiaries on my life insurance?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

No. Assuming the children are not minors and that no separation agreement or other contract promises to name them as beneficiaries on an insurance policy, a parent in this state is not legally obliged to leave anything to their children.

1 Answer | Asked in Business Law for Maryland on
Q: How can a minority owner of a Maryland corporation get the corporation to hold the annual meeting called for in the by-

Laws? No meeting since 2009, and there are important issues to discuss. Other owners happy with no meeting since probably don't want to address issues.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 2, 2012

Generally meetings can be called by giving advance written notice (usually by mail) to all other interested parties setting forth the date & time of the meeting and issues to be discussed. Well drafted bylaws should contain provisions on the calling of meetings and notice so look there first.... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: Hi, Can you please explain who is a Substitute Trustee?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

When a mortgage or "Deed of Trust" gets filed, it lists the name of an attorney who acts as "Trustee," basically this person holds the rights to sell the property if the borrower doesn't pay. The right lasts for so long as the mortgage debt remains but the Trustee can be... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: HiAre foreclosures handled in Circuit or District court? Thank you.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

Circuit Court.

1 Answer | Asked in Foreclosure for Maryland on
Q: When a home is foreclosed, what is the official date of sale?? We have conflicting answers.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

There are two key dates: first the date of the auction and second the date when the judge approves or "ratifies" the sale. While the new owner "buys" at the auction (and must tender the deposit on that date), the sale isn't finalized until the ratification.

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