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Maryland Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Maryland on
Q: Is it worth the time and money to take legal action against a person who owes me $8,000 ?

I lended her the money 5 years ago, out of goodness of my heart. She was a coworker who was going through a difficult time. According to her, her husband lost is job etc

She begin right away to pay me back. I have only received $350. She left the company in which we both worked. I have... Read more »

Mark Oakley
Mark Oakley answered on Sep 3, 2021

You need to first determine whether the statute of limitations has run already, and that starts with determining which SOL applies, and the date it starts to run from. Based on your description, the SOL can either be 3 years of 12 years. The only way it can be 12 years is if the promissory note... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Are home buyers obligated to share with the seller a disruptive family member will be inhabiting the home?

A family with an autistic child purchased the townhouse next door and the noise from the child through the common walls is quite loud, unsettling and highly disruptive. I believe that as a seller, I need to disclose problems or nuisances in the neighborhood such as loud neighbors or ongoing... Read more »

Mark Oakley
Mark Oakley answered on Aug 15, 2021

Maryland law gives to two options: (1) disclaim any representatitions as to the home and sell "as is"; or (2) fill out the residential disclosure form. Selling "as is" does not get you off the hook for latent defects in the home that would not be discoverable by ordinary visual... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Can an adult coach reach out to my 13 year old child without my consent? This adult direct messaged my son on Instagram

My 13 y/o son doesn’t follow this man, the coach just reached out to him without our parental consent and he’s a convicted felon on top of it. Am I onntje position to file a legal complaint and suit against this person.

Mark Oakley
Mark Oakley answered on Aug 9, 2021

If he is the coach of your son's team, then there may be a reasonable explanation for the texts. If the contents of the texts are inappropriate, or unrelated to the team your son is on and appear to be an effort to "groom" or entice your son into a relationship outside of the team,... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Can a sheriff threaten to put me in jail and have me evicted because I don’t know where a wanted person is?

The person is legally my husband we are currently separated. He has a parole retake warrant that they are trying to serve and they have been to my house twice the last time they came they pushed my door open as I was answering and told me I’d go to jail too. I have three children and he left me a... Read more »

Mark Oakley
Mark Oakley answered on Jul 24, 2021

Three observations: (1) if you are harboring a fugitive (e.g., he's living with you and you are allowing him to hide out and conceal his whereabouts), or you are secretly providing him money and a car, etc., then you could be charged criminally for doing those things; (2) you are under no... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is there anything that can be done or it will be all for nothing again?

When I was 13 yes old in Puerto Rico, I had my biological father go to court for abuse and molesting. My sister as well. There’s a lot more but I don’t want to say it here. Nothing was done, he still free like nothing happened. We want to know if we proceed with the case now that we feel kind... Read more »

Mark Oakley
Mark Oakley answered on Jul 17, 2021

If all the acts of your father occurred in Puerto Rico, the the law in Puerto Rico determines what you can and cannot do. Many states and jurisdictions have enacted laws giving victims of sexual abuse the right to sue their molesters many years after they turn 18. Whether you are within the statute... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: What’s the absolute latest you can get a abortion in Maryland?
Mark Oakley
Mark Oakley answered on Jul 4, 2021

Contact an abortion clinic or doctor who regularly performs abortions. They are very well versed in the law and what is permissible. There is no one-size-fits-all answer. Generally, Maryland law states that abortions can be performed after or at viability if there is a fetal anomaly or the... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I need assistance with a matter. My Closing Docs., Deed of Trust, and my credit report state that I have an FHA mort.

yet my loan servicer has stated that my loan is insured by them and that I have a conventional loan. I paid UFMIP at closing and monthly MIP which is required for an FHA in my monthly statements, how can the mortgage now all of a sudden be a conventional loan? The UFMIP was close to 9k alone,... Read more »

Mark Oakley
Mark Oakley answered on May 13, 2021

Dig out your loan application and your loan approval letter(s), then look at the actual lender documents, deed of trust and promissory note your signed. That will govern. Mortgage insurance premiums can be required for conventional mortgages as well as FHA mortgages, and generally are for... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it legal for a 17 year old to date a 21 year old in Maryland if the 17 year old signs the sexual consent on the paper
Mark Oakley
Mark Oakley answered on May 12, 2021

The age of consent in Maryland is 16. There is no written consent form. It is still illegal for and adult to have sexual relations with someone under 18 when the adult is in a supervisory capacity, such as a teacher, coach, counselor, etc.

1 Answer | Asked in Uncategorized for Maryland on
Q: Does hicks rule apply only in circuit court or also district court
Mark Oakley
Mark Oakley answered on May 7, 2021

The Hicks court opinion (from which the "rule" gets its nickname) only applies to the circuit court criminal rule of procedure that contains the 180 day trial deadline limit, and there is no corresponding 180 day deadline for trial in District Court, so no, the rule only applies in... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I got people saying telling others that I’m watching kids when I’m bmxing in a public park

A guy that doesn’t like me had his wife make a Facebook post about me saying I’m always up at the park hanging out and talking to little kids. And being a creep by bmxing at the park. What can I do to have them stop with this cause I have already been threatened

Mark Oakley
Mark Oakley answered on May 4, 2021

If the latest incident of theirs occurred within 30 days, you can file for a peace order in the District or Circuit Court based on harassment (a persistent pattern of unwanted contact intended to seriously annoy another), but the specific actions may or may not meet the legal standard for... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Hello Lawyers, I recently bought a house in 2019 and closed with FHA docs. My servicer now says I have a Conv.

I did not refinance to get the conventional. I paid UFMIP an MIP in my monthly payments which is required for FHA, yet I have a conventional. None of my closing documents or Deed of Trust state that I have a conventional loan, only FHA. Shouldn't I have received a revised closing disclosure... Read more »

Mark Oakley
Mark Oakley answered on Apr 29, 2021

Did you suffer any monetary damages? Are you out of pocket or will be out of pocket for extra payments you did not know about or agree to? If the payment terms are all the same, and there is no financial loss to you, then you have no basis to pursue a claim for compensation. It is possible that... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Do axes/tomahawks/hatchets count as weapons in Maryland?
Mark Oakley
Mark Oakley answered on Mar 9, 2021

Yes. They have always been weapons. In addition, any object may fit the definition of a weapon is it is carried or used with intent to injure. However, axes, hatchets and the like are also tools, and may also be collectible items. The criminal laws apply to specific types of conduct, often with... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Can a person obtain a license to install security systems in Maryland with a felony conviction over 20 years ago?
Mark Oakley
Mark Oakley answered on Feb 26, 2021

Yes. There are only two absolute qualifications: (1) be at least 18 years of age; and (2) be of good moral character. #2 is what you will be concerned about. A license "may" be denied on account of a conviction or plea of nolo contendere to a crime of theft of a crime "of moral... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: My kid mother keep putting telephone miss used charges on me she would never give me my daughter we fight and argue

This is the third time she put in telephone miss use charges on me the first time they put it on the step docket the second time I haven’t been to court yet and before I went to court she put the third one on me so now I’m dealing with two more phone miss use charges because we always fight and... Read more »

Mark Oakley
Mark Oakley answered on Feb 10, 2021

Every argumentative phone call is not telephone misuse. Repeated calls, one after the other, at all hours (especially in the middle of the night or early morning when people are asleep) and/or shouting and verbal abuse with every call, daily, may qualify. Nobody needs to call somebody 5-10 times... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Can you park a car on the street in front of someone’s yard if not blocking a driveway? No street signs or rules posted

The neighbor states we can’t park there because it’s his property but there isn’t a driveway just a trailer in his yard. No curb

Mark Oakley
Mark Oakley answered on Feb 5, 2021

If it' a public roadway, he doesn't own it. Any member of the public can park on a public street, assuming that parking is not otherwise prohibited by law (a legally posted "no parking" zone or fire hydrant, for example). Property owners often believe that just because they... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it legal to build a DIY propane torch in Maryland

This section of the law worries me: Maryland Criminal Law Section 4-501

I would use a 1lb camping propane tank as fuel.

The flame would be under 6ft.

The intent would be to put it in a Baby Yoda plush to make Baby Yoda breathe fire.

The operation of the device would... Read more »

Mark Oakley
Mark Oakley answered on Jan 2, 2021

What is criminalized is incendiary or explosive material that is combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property, in other words, a weaponized delivery system of explosive or incendiary matter. What you are describing sounds... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I am a cleaning service in PA, with residential clients in MD, do I need to register with the state of MD?
Mark Oakley
Mark Oakley answered on Dec 5, 2020

Probably. If you regularly do business in Maryland you are required to register to do business here.

1 Answer | Asked in Uncategorized for Maryland on
Q: Can you legally stay in a motel for longer than thirty days if temporary to move?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 12, 2020

Assuming there are no specific orders or agreements at play Maryland law doesn't dictate where someone may live or how long. Someone could in theory stay at a hotel / motel for months or even years as long as they pay (though it probably would not be financially wise to do so).

New...
Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: My boyfriend is not getting his required Meds in jail right now and it’s making him sick? Can I do anything?

He went to jail a month ago and didn’t get meds. He has Parkinson’s . He got sick a few days later. He ended up going to the Dr for depression, anxiety, and bad shaking. He recently went back to jail and he is not getting any of his meds. He called me and he told me he keeps asking but they... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

I recommend you start by consulting a local, experienced criminal defense attorney.

That said, help could come from communication with the DA's Office over this situation. Additionally, discussion with the Sheriff, or whatever authority is responsible for the jail could help....
Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: What POA do I choose to handle all of my mentally disabled Uncles affairs

I’m already his Representative Payee through S.S. But I need to take care of his health, housing and have full access to all of his affairs. Thank You

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

A disabled person who is unable to manage their affairs may not be competent enough to execute a valid Power of Attorney. Instead, if someone is incompetent without a pre-existing Power of Attorney the family usually needs to seek legal guardianship through the courts.

The specific...
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