After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... Read more »
Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity. Determining whether the money...Read more »
Legal title means it’s yours. You own it. You cannot be charged with theft of your own property. You can be charged with trespassing, however, or assault if you go there and a fight ensues. If the vehicle is in the public street, go get it (use a spare key or have it towed). If not, or if you...Read more »
He only has Social Security payments and a very small pension. The SS payments are eaten up by the cost of the Assisted Living facility. The pension is below $150. The credit card debt occurred when he suffered a series of strokes and seizures which has necessitated him living at the assisted... Read more »
The beginning of the measuring period is the date you knew, or should have known, of the wrong. It is generally 36 months for contracts and civil lawsuits. There are exceptions: in some cases measuring years are shorter (one year for assault and battery) and longer (12 years) for contracts under...Read more »
Yes, they may be able to do that if his name is added. If your bank offers the ability to title the account as “tenants by the entireties” then that would prevent attachment. In Maryland ordinarily only titles to real property are held that way, unlike DC where all property jointly held by...Read more »
The private lender has charged me interest only on a mortgage loan. part of the loan was repayed in Sept 2018 and the balance principal was only supposed to be $7k. The lender and lawyer has been going back and forth with the amount that I owe - from 32k to 9k then to 14k and now I am ready to... Read more »
You can check the registration status of your lender through NMLS (the Nationwide Multistate Licensing System / Nationwide Mortgage Licensing System and Registry). They maintain a consumer oriented website, here:
If the notary is applying for the loan, he cannot notarize his own signature. Almost all settlement agents are notaries. And, notaries can of course be a witness. That’s pretty much what a notary is: a witness to the authenticity of a signature. Maryland Law does require deeds and deeds of trust...Read more »
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...Read more »
I have a chapter 13 that I finished paying in April 2018 and one of the creditors has been unreachable and they cannot send the payment to them so the Trustee will not close the case or discharge it until this happens, but in the meantime I am in need of buying a new car and nobody will give me... Read more »
On the surface, I see no reason you couldn't structure your late fee in that manner. But you should clearly say it is capped at 10% per late payment. Or, you could charge the 10% on the 15th day with a discount credited if they paid between 15 and 22 days late. Or, just keep it simple and charge...Read more »
But are listed on the mortgage note, as the Lender. The loan has been sold and transferred several times. The latest one it was transferred or sold to is Ocwen Loan Servicing. They've had the loan twice.
The beneficiary under a Deed of Trust IS the lender.
Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for...Read more »
The contractor promised to perform repair and renovation services promptly and failed to do so. After completing only the demolition portion of a major project, he declared personal and business bankruptcy. He owes 89 creditors over $1M. DLLR has referred the case to the Office of Administrative... Read more »
You really need to talk to a lawyer. Your question is too broad and general to allow an answer in the space available. I assume you have made a claim against the Guaranty Fund. You need to prove your monetary damages using one of the three formulas allowed under the statute and regulations, and...Read more »
My minor son in 2013 informed me he has been awarded a scholarship be a college in New York and since he is a minor he need his adult parents to sign the form. I reluctantly signed because their are great colleges here in Maryland. I never heard from him since then.
Do you have a copy of what form you signed? The servicing company will provide a copy if you ask. Once you get it and read it, is it a Plus loan guaranty form? Is it your signature on it? Can you read and write the English language? Did you read the form before you signed it? Did you have the...Read more »
Do i have any other options? I heard I could do a debt in lieu of foreclosure by handing in my keys. HOW long do I have to do this before I have to move out. These loans were bought during the write off days of the mortgage bust and now I am at risk of losing my house because the new companies... Read more »
A deed in lieu of foreclosure simply means you hand over the keys and deed and move out, but you must first get in writing that the mortgage company releases you from personal liability on the remaining balance of the mortgage. You'll have to cut that deal with the first mortgage holder, and make...Read more »
I was refered to Roberts Home Medical for a cpap machine. On October 23,2018, someone by the name of Brad call me to set up delivery of cpap machine. Never spoke to them before this date. Brad refused to tell me the cost of the machine, he refuse to tell me what my 20% would be, he refused to go... Read more »
This sounds like potentially a violation of the Maryland Consumer Protection Act, in that the company may have acted deceptively in their sales practices. Whether it is worth a lawsuit is another question, which you might discuss with an attorney that practices in the area of consumer rights....Read more »
I filed for Bankruptcy 3 years ago and I dismissed my case I have creditors trying to collect on debts since I dismissed my Chapter7 case these creditors did not attend my 341 meetings when they were notified about my Bankruptcy. I dismissed my BK because I got caught up on my mortgage and because... Read more »
The SOL is three years from the date of the last payment you made to them, so if you've made payments within the past three years, you extended the SOL for the entire balance still unpaid. You also may have "acknowledged" that you owe the money, which in Maryland can re-start the 3 year SOL from...Read more »
Rain water from neighbors home has caused mole and water damage in my basement. HOA CC&R, Art. X, Maintenance, authorizes board to repair neighbors property, collect costs, place a lien and foreclosure for owner who has failed to maintain property to standards. I can not repair my damage because... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.