Maryland Consumer Law Questions & Answers

Q: I don't think my private mortgage lender was licensed in the state of Maryland, how would I find out and what should I o

1 Answer | Asked in Consumer Law and Foreclosure for Maryland on
Answered on Mar 11, 2019
Adam Savett's answer
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:

http://www.nmlsconsumeraccess.org/

Note that not all types of lenders need the same types of licenses.

You may want to contact the Montgomery County Office of Consumer Protection (OCP), as they are the agency responsible for enforcing consumer protection laws in...

Q: Can a settlement agent who signs a loan application also be the notary and witness on a deed of trust.

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Securities Law for Maryland on
Answered on Mar 3, 2019
Richard Sternberg's answer
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 to be prepared under the supervision of a lawyer, but there is a loophole that you could sail a battleship through. If you doubt the enforceability of your deed of trust, you can ask a Maryland lawyer...

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: Can I charge a 1.5% per day late fee as long as it doesn’t exceed a total of 10% for the month? It will cut off at 10.

1 Answer | Asked in Consumer Law for Maryland on
Answered on Feb 1, 2019
Joseph D. Allen's answer
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 the 10%.

Q: Is anyone familiar or heard of Mortgage Edge Corporation. They're listed on Deed of Trust as beneficiary.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Civil Rights for Maryland on
Answered on Jan 11, 2019
Cedulie Renee Laumann's answer
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 corporations operating in this state.

While not legal advice, I hope the above general information helps!

Q: I paid a contractor for home repair services and he declared bankruptcy. What laws do I cite in an MHIC hearing?

1 Answer | Asked in Consumer Law, Contracts and Business Law for Maryland on
Answered on Dec 27, 2018
Mark Oakley's answer
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 must present proper evidence to prove the claim. That’s what you need help with. The laws and regulations that pertain to the contractor‘s performance are fairly straight forward and well known to...

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

Q: I am been scammed into a parent plus student loan scam.

2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Answered on Dec 6, 2018
Terrence M. Nolan's answer
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 opportunity to read it, even if you did not choose to read it at that time. Did someone put a gun to your head and tell you, "Either your signature or your brains are going to be on that contract in...

Q: 3 payments behind on my 1st and 2nd mort & received letter from 1st stating loan mod denied, now what do I do? on SSDI

2 Answers | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Maryland on
Answered on Nov 14, 2018
Mark Oakley's answer
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 release of your liability on both the first and second mortgage a condition of doing so. Otherwise, you get little or nothing out of the deal. Absent a loan mod, can you afford just paying the first...

Q: Do i have grounds for a law suit against Roberts HomeMedical for deceptive business practice. I live in Maryland.

1 Answer | Asked in Consumer Law for Maryland on
Answered on Oct 30, 2018
Joseph D. Allen's answer
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. Alternatively, you might complain to the MD Attorney General.

Q: I Live in the State of Maryland when does the Statue of limitations expire to collect on a line of credit?

1 Answer | Asked in Collections and Consumer Law for Maryland on
Answered on Aug 28, 2018
Mark Oakley's answer
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 that date (although the law is changing on that type of SOL trigger). You can send written cease and desist letter directing that they no longer communicate with you, and by law they must stop or you...

Q: I own a town house located in Prince George County, Maryland in a community governed by a Homeowners Association.

2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on
Answered on Aug 28, 2018
Thomas A. Grossman's answer
After a mediation, you can sue the HOA for failure to enforce its' CCRs.

Q: Can someone please explain this case number I received on a post card and what my next steps should be?

1 Answer | Asked in Consumer Law for Maryland on
Answered on Aug 10, 2018
Adam Savett's answer
It is a case in California state court involving alleged violations of of a federal law, the Fair and Accurate Credit Transactions Act (FACTA). FACTA was enacted to address the problem of identify theft by putting certain protections into place. Specifically, FACTA prohibits the printing of more than the last 5 digits on a credit card receipt and prohibits printing an expiration date on a credit card receipt.

The case alleges that Party City printed receipts between March 1, 2016 and...

Q: Does a used car dealer need to have a certain type of license to do business in Maryland? If they don't and there's an

1 Answer | Asked in Consumer Law for Maryland on
Answered on Aug 1, 2018
Mark Oakley's answer
Yes, if they are a dealer, they must be licensed. Go to this web page, and scroll down to dealer complains:

http://mva.maryland.gov/businesses/investigations/complaints-and-investigations.htm

Q: a lender told me that he would lend me $100,000 and after all the fees I would get 76,000 does this sound right

1 Answer | Asked in Consumer Law for Maryland on
Answered on Jun 15, 2018
Mark Oakley's answer
It sounds like predatory lending. It’s a lousy deal. Don’t do the loan.

Q: Bank is taking money out of my account they're shutting down my debit card whenever they wan

1 Answer | Asked in Consumer Law for Maryland on
Answered on May 20, 2018
Mark Oakley's answer
Maybe you’d be better off changing banks. It is difficult to ascertain what legal issue or question you are having, or even what the situation is that you are trying to describe, but it seems more like a misunderstanding between you and the bank’s procedures.

Q: Thinking about filing chapter 7 or13 due to being sued for credit card debt I can not pay. Will my home be liquidated?

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Answered on Apr 24, 2018
Nyasha A. West's answer
Unless you are in the arrears on your mortgage, your home will not be effected by filing bankruptcy. Prior to filing bankruptcy however, it is essential that you speak with an attorney to ensure you are able to adequately protect any equity in your home from creditors. In Maryland, homeowners are currently able to exempt up to $23,675.

Q: There's a 3 year statute of limitations in the state of Maryland how can a collection agency place a judgement on me.

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Answered on Mar 8, 2018
Mark Oakley's answer
Assuming the 3 year SOL applies to your debt, the 3 years starts to run from the later of: date you first breached the agreement to pay (defaulted); the date you last made a payment on the debt; or the date you last acknowledged that you owed the debt. Suit must be filed before the SOL expires to avoid the defendant from raising the defense and dismissing the suit. However, the defense can be waived if not raised in the answer or if no answer is filed. One the suit is filed within the SOL, then...

Q: I have past due federal student loans and past due IRS taxes. What is the maximum garnishment total % from my SSN check?

1 Answer | Asked in Consumer Law and Tax Law for Maryland on
Answered on Feb 17, 2018
Mark Oakley's answer
No more than 15% of social security income may be garnished at a time from all creditors who are legally allowed to garnish such income. So, that’s the limit. Both past due federal taxes and federal student loans can be collected in this way. Both debts are possible to be discharged in bankruptcy, but the rules are more complicated than regular debts. Federal taxes that came due more than three years ago, and for which all tax returns (but not payment, obviously) have been filed, may be...

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