Maryland Questions & Answers

Q: Hi, i,m not sure what the future holds for me. My mother and i purchased a condo in 2002. My cousins name was on deed

1 Answer | Asked in Real Estate Law and Elder Law for Maryland on
Answered on Feb 15, 2019
Richard Sternberg's answer
You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful now. A careful examination of title might help. Perhaps your interest in half the property has already matured, and perhaps a better strategy can be developed. It will not be free.

Q: Is the removal of the indians from their land legal or illegal based on their agreements

1 Answer | Asked in Native American Law for Maryland on
Answered on Feb 14, 2019
Scott E Beemer's answer
Hello,

Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington, Jefferson and Lincoln opposed)? Past or present (Original lands or Tribal/Trust lands today)? Note: Many thought (i.e. Davy Crockett, etc.) that the Indian Removal Act was unconstitutional but...

Q: Does my landlord have the right to tell me what I am allowed to store in my carport?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 14, 2019
Joseph D. Allen's answer
The first place to look is the lease language regarding the tenant's responsibilities to maintain the premises (and the carport in particular). Sometimes it is vague and ambiguous, so might turn on the reasonableness of the landlord's request vs. the reasonableness of your conduct. Tenants can be found in breach of their lease for junking up a yard and refusing to clean it up, but based on the facts in your question that doesn't seem to be the case.

Q: Question about a pending case.

1 Answer | Asked in Immigration Law for Maryland on
Answered on Feb 12, 2019
Deron Edward Smallcomb's answer
An infopass appointment is easy to schedule.

https://my.uscis.gov/appointment

You can then ask USCIS about the status of your case.

Q: My question is in regards a pending immigration case.

1 Answer | Asked in Immigration Law for Maryland on
Answered on Feb 12, 2019
Kelli Y Allen's answer
Try making an InfoPass appointment with your local USCIS office.

Q: My father recently purchased a single-Family home at auction. What is the best way for me to get a loan for 60% equity?

3 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Answered on Feb 11, 2019
Thomas C. Valkenet's answer
The answer depends on who is asking. For instance, the best thing for your father is for you to obtain a loan and to pay him the full purchase price in exchange for a deed. He then walks away and you live in the house. The best thing for you might be an option to purchase, or a rent-to-own. These are tricky documents to write, and it means your father is waiting for his money while the property is locked up in your recorded option for possibly years. Whatever lawyer you bring this to will have...

Q: I have satisfied the amount stated in a court case ? Why won’t the other party ask for the case to be dismissed?

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Maryland on
Answered on Feb 10, 2019
Richard Sternberg's answer
I cannot determine whether your inquiry is from Virginia or Maryland, but, in Maryland, there is a specific rule requiring the filing of a paid & satisfied line when judgment is paid. I haven't researched it in quite a while, but there may be available awards including attorneys fees for failure to comply. Filing the P&S Line costs about $15, and pro se parties often refuse to file. On the other hand, if even 1¢ of the judgment and interest are not paid, there is no requirement to file a P&S...

Q: I have a bankruptcy chapter 13 question please?

2 Answers | Asked in Bankruptcy, Consumer Law and Family Law for Maryland on
Answered on Feb 8, 2019
Stuart Nachbar's answer
The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option

Q: Will west virginia pick me up in maryland for a misdeamor warrant.

1 Answer | Asked in Criminal Law for Maryland on
Answered on Feb 7, 2019
Mark Oakley's answer
West Virginia can transmit the warrant to Maryland and request that it be served by MD law enforcement, but they cannot come here on their own. Unless the warrant is for a serious crime, many times the warrant is simply entered into the national database and as soon as you are stopped anywhere for anything, such as a moving violation, and the warrant pops up, you'll be arrested and held on the WVA warrant while WVA is notified and given the opportunity to come get you (either because you waive...

Q: if pedestrian is already in unmarked crosswalk, does driver have to yield right of way (maryland)

2 Answers | Asked in Car Accidents for Maryland on
Answered on Feb 7, 2019
Lee Eidelberg's answer
Whether or not the crosswalk is "marked," a pedestrian crossing the street at a crosswalk has the right of way.

The preference the pedestrian enjoys, however, is not unlimited and does not relieve the pedestrian of the duty to use reasonable care to avoid injury. The analysis concerns whether the pedestrian described in your scenario (rather than merely the question you posed) is actually in what the law defines as a crosswalk. An unmarked crosswalk is defined as "that part of a...

Q: Was charged with a dui and I refused to take the test and the officer never read the dr15 nor my rights

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Feb 3, 2019
Mark Oakley's answer
You only need to be provided the opportunity to read the DR-15 before signing it, and that must happen before you refuse the breath test. Call a lawyer to discuss the details. There is a brief (10 day) deadline to request an MVA hearing on the test refusal to avoid suspension before the hearing can be held. You also have the DUI trial to deal with in addition to the immediate license issues.

Q: What actions can a tenant take against a landlord who has withheld test results that indicate mold in air duct unit?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 3, 2019
Mark Oakley's answer
Pay for your own mold test. Then you’ll know and control the test results. Isn’t the point to clean the ducts? Let that happen.

Q: Hello! I have questions about stepparent adoption.

1 Answer | Asked in Adoption for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
If your daughter ‘s natural father is still living, you will need his consent, or will have to serve him with legal papers to respond and if he fails to object you can proceed by default. With consent of the natural father, the procedure is fairly straight forward. Congratulations on your upcoming marriage and your daughter's new father!

Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines. Each county State’s Attorney’s Office (and City of Baltimore) maintains statistical info on all crimes charged and their disposition. The criminal clerk’s offices of the District and Circuit...

Q: I live in MD & plan to move to FL 6/30/19. I have paid my creditors to date, and plan on filing bankruptcy in FLorida.

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
They can sue you, but they cannot sue or get a judgment against anyone other than you if the debt is just yours. They cannot use a judgment against you to attach assets belonging to someone else. Most creditors do not file suit that fast after stopping payment. The debts get transferred to debt collection agencies first. It could be two years before suit is filed. They’d have to get a judgment before they can try to attach your assets. Once you’ve established residency for 6 months in...

Q: I'm accused of trespassing on my friends property. What do I do to prove that I had permission to be on said property?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
(1) you testify under oath that you had permission from a legal occupant to be there, and be believed; (2) a legal occupant of the property testify under oath that they gave you permission to be there; (3) establish through evidence (or point out the prosecutor did not prove) that the property was not prominently posted “no trespassing” and that you were not otherwise told beforehand that you were not to come onto the property. Those are just three ways that come to mind based on your...

Q: Timothy Denison: I bought a car in June 2018 for 500. I chg’d some repairs- Goodyear acct. Bal. is 1500. Can they put

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 2, 2019
Timothy Denison's answer
If you charged them to your account, the answer is no. Usually, they will just keep the car until the repairs are paid, so if you have the car, it’s just an unsecured debt.

Q: To Timothy Denison Thanks for your help. You said my creditors could garnish my wages. My wages are from Social Sec.

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 1, 2019
Timothy Denison's answer
You have certain exemptions under state law which can protect your property. They CANNOT garnish your social security.

Q: To Timothy Denison: Thanks for your reply. If I wait until I get to Florida to file bankruptcy:

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 1, 2019
Timothy Denison's answer
Apply for a Florida license as soon as you get there. Issue date is proof. Same with utilities. Establish as soon as you get there. You have to certify on your petition under penalty of perjury that it’s true. If and when they get a judgment, they can garnish your wages and attach your real or personal property.

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