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Would it affect the title? - she is on the title as co-owner but not on the loan
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
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
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.
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
Can they do that? What are my legal rights?
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
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
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
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?
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
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
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... View More
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.
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.
ATTORNEY WAS DISBARRED
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
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.
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... View More
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
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?
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.
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.
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
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
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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