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Maryland Consumer Law Questions & Answers

1 Answer | Asked in Car Accidents and Consumer Law for Maryland on

Q: Hi, Is a manufacturer dealership responsible to inform me of any recalls when I’ve taken my car there for repairs

I take my car to the manufacturers dealership for repairs and services

Peter N. Munsing answered on Jun 12, 2019

They should but it's really the manufacturer itself who should be sending you the information.

2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on

Q: My friend gave me money when I was on hard times and did not state it was a loan.

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 »

Rolanzo Richard White answered on May 30, 2019

I'm sorry to hear about your "friend."

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...
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1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Maryland on

Q: My friend passed away and I have a car at his house. The car is titled in my name but his wife wont ler me have it?

Mark Oakley answered on May 26, 2019

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 »

1 Answer | Asked in Consumer Law, Elder Law and Social Security for Maryland on

Q: My husband is in an assisted living facility and received a writ of summons for a credit card debt, what's next?

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 »

Peter N. Munsing answered on May 1, 2019

Do not agree to pay any of it. He is "judgment proof." He may want to file a general denial asking for proof he owed the debt. There may be defenses depending on how old the debt is.

Contact your loal legal aid/legal services organization.

1 Answer | Asked in Banking, Consumer Law and Collections for Maryland on

Q: Can a company you have a bill with take money from your checking account without a judgment

Bennett James Wills answered on Apr 17, 2019

Your question is unclear. You can't be garnished without a judgment. But a company could auto-draft your account if you signed up for such a service.

3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on

Q: Question about 5-101 Maryland. Where does the 3 year date start? It says from the date it accrues?

Terrence M. Nolan answered on Apr 5, 2019

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 »

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1 Answer | Asked in Consumer Law and Family Law for Maryland on

Q: Can they garnish me and my husband's bank account in MD for a debt against my husband alone 8 years before we married

This is my account, and I want to add my husband, but do not want his past creditors to garnish the account.

Mark Oakley answered on Mar 30, 2019

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 »

1 Answer | Asked in Consumer Law and Foreclosure for Maryland on

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

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 »

Adam Savett answered on Mar 11, 2019

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...
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3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Securities Law for Maryland on

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

Seems to be to many roles and a conflict of interest, fraud or unethical. I read somewhere that only an attorney can prepare deeds of trusts.

Richard Sternberg answered on Mar 3, 2019

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 »

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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Maryland on

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

Richard Sternberg answered on Feb 10, 2019

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 »

2 Answers | Asked in Bankruptcy, Consumer Law and Family Law for Maryland on

Q: I have a bankruptcy chapter 13 question please?

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 »

Stuart Nachbar answered on Feb 8, 2019

The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option

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1 Answer | Asked in Consumer Law for Maryland on

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.

I’m a freelance web designer. My payment and late fee section states payment is due 14 days after invoice date. After that, a 1.5% per day late fee is assessed.

The Client is flexing his retired lawyer muscles and saying I’m violating the law with this request. However, Maryland Code... Read more »

Joseph D. Allen answered on Feb 1, 2019

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 »

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Civil Rights for Maryland on

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

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.

Cedulie Renee Laumann answered on Jan 11, 2019

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...
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1 Answer | Asked in Consumer Law, Contracts and Business Law for Maryland on

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

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 »

Mark Oakley answered on Dec 27, 2018

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 »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on

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

Be prosecuted if it has caused harm to a business.

Cedulie Renee Laumann answered on Dec 7, 2018

The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on

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

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.

Last year a student... Read more »

Terrence M. Nolan answered on Dec 6, 2018

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 »

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2 Answers | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Maryland on

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

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 »

Mark Oakley answered on Nov 14, 2018

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 »

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1 Answer | Asked in Consumer Law for Maryland on

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

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 »

Joseph D. Allen answered on Oct 30, 2018

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 »

1 Answer | Asked in Collections and Consumer Law for Maryland on

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

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 »

Mark Oakley answered on Aug 28, 2018

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 »

2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on

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

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 »

Thomas A. Grossman answered on Aug 28, 2018

After a mediation, you can sue the HOA for failure to enforce its' CCRs.

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