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Maryland Consumer Law Questions & Answers

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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1 Answer | Asked in Consumer Law for Maryland on

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

Case No. STK-CV-UBT-2016-11712

I tried to research it but was unable to get any information.

Thanks!!

Adam Savett answered on Aug 10, 2018

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... Read more »

1 Answer | Asked in Consumer Law for Maryland on

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

issue with a car I bought, will they get fined if I complain?

Mark Oakley answered on Aug 1, 2018

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

1 Answer | Asked in Consumer Law for Maryland on

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

Mark Oakley answered on Jun 15, 2018

It sounds like predatory lending. It’s a lousy deal. Don’t do the loan.

1 Answer | Asked in Consumer Law for Maryland on

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

And they wouldn't change the address when I change residence and I ordered new checks and they sent them to the old address what can I do over the phone

Mark Oakley answered on May 20, 2018

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.

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

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

Nyasha A. West answered on Apr 24, 2018

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... Read more »

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

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

The original creditor charged it off

Mark Oakley answered on Mar 8, 2018

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... Read more »

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

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

I have read both student loans and IRS taxes can garnish up to 15%. With both debts does that mean they can deduct 30% total?

Mark Oakley answered on Feb 17, 2018

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... Read more »

1 Answer | Asked in Consumer Law and Native American Law for Maryland on

Q: Do I have to repay a tribal loan?

I live in Maryland. Their interest rates are illegal in Maryland.

Mark Oakley answered on Feb 13, 2018

It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.

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

Q: Can a company back bill me?

Hi! So I live in Baltimore city. I park in a parking garage everyday. The garage is run by a larger company located in DC. I have used this garage for over 6 years. Their online payment system is terrible and outdated. I called them to set up automatic payments (for my sanity) they told me to go... Read more »

Mark Oakley answered on Feb 10, 2018

If you agreed to pay a certain amount per month, or per use, and you have never paid—regardless of whose fault it was—you still owe the money. If they are charging late fees, you might have an argument about that, but you must pay the cost of the parking you agreed to pay.

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

Q: A company sent me a check for $1000. It was written to me, and came with no explanation. Now they want it back.

We had worked with this company, and thought we they were giving us a refund we didn't know about. They called a month later, saying they wrote the check to the wrong people. It was intended for a couple with the same last name. Am I obligated to give the money back for their mistake?

Mark Oakley answered on Feb 10, 2018

Yes, you are. You cannot keep something you received by mistake. You will lose in court if they file a claim.

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

Q: Can a clinical social worker/ Theripist request payment by phone and refuse to give me invoice before payment?

A Theripist is claiming I have to pay with my credit card by today by phone or she is sending to collection but will only give me invoice after I pay? She just txt dollar amount? She is real I met her 4 sessions. She is going about this unprofessional one days notice threatening to send to... Read more »

Bennett James Wills answered on Feb 6, 2018

Seems strange. Why don't you call the primary office where this person works to determine if it is real and not a scam?

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Maryland on

Q: I need advice on what I am able to do about a company who owes me more than $5,000.

I am a former LuLaRoe (a clothing company) consultant who cancelled my contract with the company back in September of last year. During this time, they were offering a 100% refund of inventory sent back with their provided shipping labels. They received my inventory on September 15, 2017. I have... Read more »

Bennett James Wills answered on Feb 2, 2018

You could choose to file a lawsuit in the Maryland district court (assuming you have jurisdiction) to seek a judgment against the company. Consult a lawyer for your best options.

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