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Maryland Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: Is it unlawful in MD to keep a deposit on an "as is" property sale if you fail to disclose a known structural defect?
Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 15, 2019

Perhaps, it depends on all the circumstances and the reason for termination of the contract. Of course, whether it is legal or not really depends on the willingness to pursue recover. Your standard MAR contract has mandatory mediation within the first year. And you must also consider the broker... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: How can I reverse my green card/ AOS -sponsorship (father) after I withdraw and USCIS revoked my petition ?

In nov 2018 I filed petition. My father was here for visit . In December finger print, July 10 he left US family emergency , July 25 I file withdrawal stating the reason August 10 uscis mailed his green card. On it October 2019 USCIS sent a letter to be saying my petition revoked and sent another... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 14, 2019

He won’t be let in on the green card. He will need to get a visa. Otherwise you will need to start the process all over, and he will need to apply for an immigrant visa abroad.

2 Answers | Asked in Immigration Law for Maryland on
Q: can you help me with an immigration question?

my fiance is currently in his country. when he was here he did a five year overstay. what would we need to do yo get a fiance visa?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Oct 14, 2019

Wait 10 years or do a hardship waiver. It would be best to contact an immigration attorney to discuss specifics.

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1 Answer | Asked in Bankruptcy and Collections for Maryland on
Q: I have a 2nd mortgage discharged in a Chapter 7 bk in 2011 in Maryland. Is there a statute of limitations on this?
Timothy Denison
Timothy Denison answered on Oct 12, 2019

Statute of limitations on what?

1 Answer | Asked in Immigration Law for Maryland on
Q: Will a beneficiary getting a different country passport disrupt the spouse visa application process?

My husband is from Pakistan and has been in Germany for eight years. He will be applying for a German passport soon. Recently, our I-130 petition was approved and we are now waiting to hear from the NVC to start the visa application. Will getting the passport cause problems?

Hector E. Quiroga
Hector E. Quiroga answered on Oct 8, 2019

No. He will just need to note that he is/was a citizen of both countries.

1 Answer | Asked in Family Law for Maryland on
Q: Ex-wife refuses to get a home loan via settlement agreement. Need successful experience in a sale in lieu of partition.

This is what is written in the settlement agreement of April 25, 2018,

Defendant shall have 6 months to have the mortgage transferred out of Plaintiff's

name, and failure to do so shall result in the home being sold and the proceeds going

to the Defendant.

Mark Oakley
Mark Oakley answered on Oct 8, 2019

Hopefully your agreement also provides that the non-breaching party is entitled to an award of their reasonable attorney's fees and costs in the event court action is required to enforce its terms. But the agreement is pretty straight forward. if she does not respond to a lawyer's letter... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: My wife and I have only been married 6 months with four months separated because of deployment and she wants a divorce.

Is there a time frame to be married before filing for divorce?

Mark Oakley
Mark Oakley answered on Oct 8, 2019

No. There is only a time frame for filing for divorce where both parties are not in agreement to get divorced: one year continuous uninterrupted separation. If both parties are in agreement, however, then so long as they both sign a written agreement resolving all marital rights and interests,... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Does the 1 year separation period restart if you file for divorce, then retract the case if you are trying to divorce?

I've been separated for over a year now. Around june, i started filing for divorce but then my ex and i began communicating so we decided to remove the case to see if something could be worked out. But it didn't and now i really want to file for divorce and get out of the relationship as soon as i... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2019

Unless you resumed living together under the same roof, then the separation period starts and runs from the date you initially separated and remained separated through the present. Doesn't matter that you began talking about getting back together, unless you resumed marital relations and living... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can a MD Police Officer issue a ticket after the fact? can a officer issue a traffic ticket 2 months after the “offense”

I received a traffic ticket on 08-06-2019, I paid the traffic ticket and a now I received 2 more tickets on 10-02-2019. Can a officer issue tickets 2 months after the initial encounter? The officer & I got into a argument and I requested a supervisor and spoke to one but was laughed at. Now I... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2019

Obviously, you have discovered that, yes, he can, and he did. Police officers can add charges, but it is rare. Arguments might be made regarding double jeopardy or res judicata (I am not explaining those nuanced defense theories here). Go to trial on these--if they are payable, then ask for a... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My home was foreclosed in july 2019. The home was owned by me and a co-owner. The deed was titled as tenants in common.

A few years after purchasing the home an individual who had a judgement against the co-owner n another county in maryland, came to the county where the home was owned and attched the judgement. The home was sold by the bank for a $150,000 profit.

Am i entitled to half of that money since... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 3, 2019

If you mean that the foreclosing bank generated a surplus from the subsequent sale out of foreclosure, then you must make claim for the surplus that has been deposited with the tax collector. Your co-owner may also make a claim, and the two of you may negotiate, agree or fight over the split. The... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I need to know why is there a warrant out for me but nothing is on my case search. I just when to court in September.

I call the courts stated attorneys office and they don't see or have nothing

Gary Kollin
Gary Kollin answered on Oct 2, 2019

did you call motor vehicles who sent you the letter

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2 Answers | Asked in Criminal Law for Maryland on
Q: I have a open warrant but the court system don't show anything of such warrant

I received a letter from the Department of Motor vehicles stating that my License will be suspended because of this open warrant. I don't know anything about

Gary Kollin
Gary Kollin answered on Oct 2, 2019

Did you call?

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1 Answer | Asked in Car Accidents for Maryland on
Q: I was hit on the right side of my car by the driver coming from my right hit the right side of my car

The report says it happened on Acton Lane Acton Lane THATS false accident happened no acton lane and old Washington rd

John Mesirow
John Mesirow answered on Oct 2, 2019

You haven't provided enough information. For example, were you injured? If so, you should contact a personal injury lawyer to discuss your potential claim. Regarding the error in the police report, errors are not uncommon. Sometimes they matter, and sometimes they don't. The attorney you speak with... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: So, in Maryland, if a 10 year old is raped by a person 3 1/2 years older than her, that's not considered a crime?
Mark Oakley
Mark Oakley answered on Sep 25, 2019

Rape and sexual assault are always crimes regardless of age. Consensual sex involving a minor under 16 years of age is only rape or a sexual offense if the older participant is 4 years or more older than the minor. Consensual sex between minors within 4 years of age is not rape or a sexual offense.... Read more »

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1 Answer | Asked in Divorce for Maryland on
Q: Can a "nonmarital property" of the husband be up for property division in a divorce case with these circumstances:

(1) the property was acquired (March of 2015) before the marriage (October 2015) without the wife's name on the title simply to qualify for an income-based program (Housing Initiative Partnership)

(2) the mother of the wife is the realtor that found the home and the program intending to... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 25, 2019

The home most likely would be considered part marital and part separate property. From March of 2015 - Octover 2015 it would be separate property. From the date of marriage it could be argued it is marital property.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Under Maryland law if my condo is vacant (5 yrs) and I have told the HOA, can I still be charged for a common meter?

I thought that if notified the HOA would exempt you from the common electrical meter. I own a condo in 6 - 8 unit building with a common electrical meter. I notified the HOA that the condo would be vacant while working out of the State, so my usage has been zero for over 5 years. The unit has... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 24, 2019

The answer almost surely follows your declarations and the democratic decisions of the elected board. Start by reading those documents.

1 Answer | Asked in Divorce, Family Law and Child Custody for Maryland on
Q: Soon to be ex-husband threatening to create problems for me if I don't get an abortion

I have been in a very bad marriage from 5 years, it is not necessarily physically violent but it does get very violent and I have many times decided to quit but he always stops me. I am at last pregnant now and I do want to have the baby because I have a good job and supportive family however I no... Read more »

Mark Oakley
Mark Oakley answered on Sep 24, 2019

Leave this abusive relationship and go have your baby. File for custody and request child support. Call House of Ruth for advice and possibly representation or referral to pro bono or reduced fee legal representation.

1 Answer | Asked in Consumer Law for Maryland on
Q: Do I have to pay this?

Got HVAC install. Tech give me work order showing zero owned and wouldn't take check. He stressed "You don't own anything" and also give me a copy of the work order showing a zero balance. They emailed me today from a donotreply email to pay 2 wks later.

Mark Oakley
Mark Oakley answered on Sep 24, 2019

(1) Did you receive something of value?

(2) Is the price one that you agreed to pay or reasonably within the dollar amount you expected to pay?

(3) If your answers to the above questions are both "yes", then you owe the money. The law will not allow you to keep a benefit bestowed...
Read more »

1 Answer | Asked in Libel & Slander for Maryland on
Q: In your opinion are libel cases easy to win? Is it easier to win a libel case in the UK?
Mark Oakley
Mark Oakley answered on Sep 24, 2019

Depends on the facts. Some are easier to prove than others. Few are worth the time and money to pursue because damages are often difficult to establish in sufficient quantity to justify the effort. The UK has more favorable libel laws than the US if you are the person suing. You cannot sue in... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: MD Law CR 4-102. Would "possess" include a weapon locked in a container in your car in the parking lot?
Mark Oakley
Mark Oakley answered on Sep 24, 2019

A person may have actual or constructive possession. "Actual" means on your person or in a bag you are holding. "Constructive" means it is in such proximity that you have immediate access to it. Ordinarily anything in the passenger compartment of a vehicle is in the constructive possession of... Read more »

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