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Maryland Securities Law Questions & Answers

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 Criminal Law and Securities Law for Maryland on

Q: I was recently adjudicated as guilty after pleading nolo contendre in a Topeka Kansas District court case involving

Selling securities without a license and using Skype from a Md office. The judge departed downward from 41 months in a severity level 4 crime to zero jail time , but three years of ISP in Md. also, joint and several restitution of $900,000 with 3 other defendants. The prosecution has file an... Read more »

Mark Oakley answered on Jul 31, 2018

You need to have an experienced federal criminal defense attorney admitted to practice before the US Court of Appeals for the 10th Circuit. The attorney will do all the legal research. Most criminal defense counsel who practice in the federal courts will either handle appeals or will know others to... Read more »

1 Answer | Asked in Securities Law for Maryland on

Q: What is the basis of securities that are inherited in a non-community property state?

I know that for jointly held property, the surviving spouse gets a "half-step." What is the basis when the surviving spouse dies: e.g. Does it get a half-step or a whole step?

Cedulie Renee Laumann answered on Sep 28, 2017

Inherited property generally gets a stepped-up basis. If someone already owns part of property they cannot "inherit" the whole thing, hence a "half step" in basis.

For more specific answers you may wish to run your situation by an accountant and/or attorney.

1 Answer | Asked in Criminal Law, Personal Injury and Securities Law for Maryland on

Q: what documents should I file for complaint against a night club and a security business for wrongful assault in MD

I was wrongfully assaulted multiple times with a taser by a special police officer while working at a night club, went to the commissioner's office to file a complaint against the officer but also would like to file against his security firm as well as the night club. What should I file?

David Alan Wolf answered on May 23, 2016

Assault and negligent security cases are quite complicated. You may want to retain the services of an attorney to pursue this matter on your behalf. There can be a count for assault, battery, negligence and other causes of action. If you do not formally hire an attorney, you may want to have an... Read more »

1 Answer | Asked in Securities Law for Maryland on

Q: Where can I go to find directors/office holders of US companies?

In Australia you can search the Australian Securities and Investments Commission (ASIC) database to find the officers of a company (to make sure that the person you're dealing with can contractually bind the company). Where can I go to conduct a similar search?

Adam Studnicki answered on Jul 21, 2015

Each state has resources for searching company information. More of it is being made available online over time. The amount and type of information available varies depending on the State.

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