Two corps. owned by same family members in same percentages.
LLC would be owned by corps., not the exact same people, but those same people own same respective percentage of shares.
Does partnership have to consolidate or dissolve?
What exceptions to transfer and recordation... View More
answered on Jun 16, 2023
Most real estate lawyers should be able to assist with such a transfer and the applicable deed affidavits and forms.
The transfer you describe (from a general partnership to 2 corporations owned by different owners than the general partnership) sounds like it would be subject to... View More
Hi we live on a plot with several acres of land. However an easement was created on our land back in the 1960’s as a back access to our neighbors plot. Before either house was built. Decided between friends I believe. This easement unfortunately runs through our backyard and close to our house,... View More
answered on Jun 17, 2023
You will need to do some more research or provide more facts, preferably in private with counsel. (1) How is the easement worded and recorded in the land records? (2) What was the actual purpose or circumstances under which the easement was first created--i.e., was it created "by... View More
Mold/mildew caused by dryer vented to inside. I was not informed of it at purchase and I found out its against building code while researching this. Contractor came 4 times in 2 year period. I had to keep asking. Holes cut in wall for inspection by their contractor have not been repaired. I'm... View More
answered on Jun 12, 2023
The answer will depend on who owns what in your condo or HOA, who was responsible for the construction flaw, and who knew of the defect and concealed it. Unless the repair is worth less than the cost of the legal involvement, you may want to have the HOA docs, the advertising and closing docs, and... View More
My question can I have her buy me out so I no longer have any financial obligation. What is the best method for this? My thought was to get the house appraised then sell it to her. She would get a discount since half the equity is hers. So I would sell the house to her for (current balance) +... View More
answered on Jun 9, 2023
This happens in divorces all the time, with one spouse buying the other out by refinancing the property in their own name for enough money to both pay off the existing mortgage and pay the buyout amount to the other spouse. Typically you would enter into a written agreement regarding the... View More
In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More
answered on Jun 5, 2023
Hi and thanks for posting a real estate question.
The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.
You describe a position... View More
I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... View More
answered on Jun 1, 2023
You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... View More
Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More
answered on May 29, 2023
You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More
I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program with HABC (Housing Authority of Baltimore City). I begin working with the... View More
answered on May 28, 2023
Take them to small claims court and good luck. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.
I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.
As advised I’ve created an LLC (Carla Clemente Realty)... View More
answered on May 26, 2023
Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.
You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut... View More
No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association
answered on May 20, 2023
I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More
answered on May 20, 2023
While it might be useful to have a lawyer read the actual clause and review the entire HOA governing documents before concluding as to what they say, as a general matter, neither the HOA nor anyone else, can declare themselves immune from the law or been g challenged in their understanding or... View More
Plaintiff (P) stated a landlord/tenant was filed previously but was dismissed. On that particular L/T case, I asked for a postponement due to illness. But previous judge dismissed case because (P) lawyer stated a dishonest answer that I paid nothing. (P) lawyer then filed a wrongful detainer... View More
answered on May 9, 2023
It is difficult to decipher your description, but the mechanism for challenging a judge's decision is called an appeal. If you don't understand the judge's decision or how to follow the procedures of court, you might be well served to retain a lawyer for your next case or for the present appeal.
Can the all the sales proceeds be just allocated to the LlC and just zero proceeds to the Individuals so no 1099 will be issued ?
answered on May 8, 2023
The individual owners should have deeded their interest to the LLC before the sale, if they wanted the proceeds all deemed income to the LLC. While the individual owners may be able to direct payment to the LLC, or deposit their checks into the LLC bank account, I believe at this point that will... View More
This business was run in Maryland and the business was inherited. It was told to us that my uncle was grandfathered into the business and we are trying to see how that was done. It would have changed hands around 1990 to 1993. It is called Eatons Fish Hatchery, 10701 Putman Rd, Thurmont, MD 21788
answered on Apr 10, 2023
You haven't provided enough information to enable me to answer. It might be best if you understood and used the term "grandfathered" correctly. It is not a term of art in law, but it is often used to mean that some law or regulation came into effect on some date but could not be made... View More
answered on Mar 29, 2023
This would be done by a no consideration deed. To do this "quickly" you'd likely want to find a law firm who can record electronically which speeds up the process considerably. Charles County does require a lien sheet before any deed can be recorded.
I agree that a real... View More
Case - located on line and News paper. I was left homeless from this case. I tried to get a pro bono attorney. No one would take this case. Went to the Attorney Grievance Committee no help. Went to xx who wrote the first article to try and get him to publish what had happened. No help. There was to... View More
answered on Apr 4, 2023
Maryland Volunteer Lawyer Services can help connect you to willing pro bono attorneys with some expertise in real property and mortgage matters. You can apply on-line by providing basic income information to see if you meet the income requirements. Good luck.
Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?
answered on Mar 17, 2023
While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... View More
answered on Mar 4, 2023
There are several potential causes of action that may apply. Sit down with a local lawyer to review your facts.
I'm trying to find the company name, at county record saying they have title and there no record of them to be found on registration
answered on Mar 2, 2023
Yes, property deeds showing ownership are filed "registered" with the Land Records in the Circuit Court of each county. Clerks generally do not do any research to verify ownership. A title search would verify who owns a particular property. (Property owned by an entity may be more... View More
I waited for hours and the lady from the maintenance kept hanging up on me when I called for updates.
answered on Mar 2, 2023
First off, let me quote my late, old professor of Business Law back at Penn. "Of course, they can sue. Any idiot can sue. All it takes is a pen, paper, and the filing fee … and on occasion a crayon is substituted for the pen. The question you are trying to ask is whether you can win."... View More
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