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Maryland Questions & Answers
2 Answers | Asked in Real Estate Law for Maryland on
Q: My brother was a joint owner of a house, but passed away. The deed states, “rights to survivorship”

The “survivor” is telling me that because my brother had open judgements, I have to pay for them (satisfy the liens) before he “the survivor” can sell the house. How is this true? The asset (jointly owned house) was not part of any probate.

Richard Sternberg
Richard Sternberg
answered on Aug 1, 2023

The answer depends on whether the liens are recorded on the property or, under state law, are implicitly liened against title, so the correct answer is to get a lawyer, do a title search, and resolve title. But, as a general matter, if, under state law, the lien was recorded against the property,... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: So I am currently on probation and my only condition of probation is to comply with mental health read the extra details

I have to report weekly and my psychiatrist wrote a letter due to my medication not being adjusted correctly and hearing voice and seeing things and impulse control to excuse me from reporting and just doing video calls instead because she wants to make sure I am safe and not at risk and probation... View More

Scott Scherr
Scott Scherr
answered on Jul 30, 2023

The only way to modify your probation is to file a motion with the court and ask the judge to modify it.

2 Answers | Asked in Criminal Law for Maryland on
Q: If there is no probable cause for a traffic stop, can the police keep the vehicle to get a search warrant?

I was at a red light in Baltimore City, but right at the city/county line and county police hit the vehicle I am in and arrest me and the other 3 passengers. The commissioner decides that there was no probable cause and I am released on recognizance. The police say that they are holding the car and... View More

Mark Oakley
Mark Oakley
answered on Jul 28, 2023

A lawyer will need to review all the details and facts, and file a motion to suppress; however, if the search of the vehicle was incident to a lawfully obtained and issued search warrant, then the evidence may not be suppressed, despite the initial stop lacking probable cause. That will be an... View More

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1 Answer | Asked in Contracts for Maryland on
Q: My boyfriend died of a drug overdose in my apartment. They are now kicking me out. Is this legal

He is not a resident of the apartment just was staying over

Scott Scherr
Scott Scherr
answered on Jul 25, 2023

I am sorry for your loss. It depends on the language of your lease. You would need to review the terms of your lease.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: How do I fight a DC cam ticket where I supplied evidence I was not there? They closed this but put it into collections.

In Oct '22 I received a speed camera ticket from the DC DMV (I am a MD resident). The issue is that I was definitively NOT on the road at the timestamp on the ticket but in with a doctor, which was verified with a written letter from him. This letter and my disagreement with this ticket was... View More

Scott Scherr
Scott Scherr
answered on Jul 25, 2023

You may want to repost your question to DC attorneys by listing the location as DC.

1 Answer | Asked in Criminal Law for Maryland on
Q: If someone steals my phone off the ground in front of me in Maryland, is it legal for me to attack them to get it back?
T. Augustus Claus
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answered on Jul 24, 2023

Engaging in physical violence to retrieve stolen property is generally not advisable and can potentially lead to legal consequences. In situations like this, it is recommended to prioritize personal safety and contact the appropriate authorities, such as the police, to report the theft and provide... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Of I bought my girlfriend a car and she don’t transfer everything over to her name what do I do we are ending it
Scott Scherr
Scott Scherr
answered on Jul 24, 2023

If the car is only titled in your name, you can sign the title over to her. She has to agree to retitle the car in her name.

If there is a loan on the car and your name is on the debt, the bank is not going to allow your name to be removed from the debt. She would need to refinance the car...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My apartment is not providing adequate pest control and after 6 months the issue is unmanageable. What can I do?

We were assured that the unit had no pest issues when we moved in 7 months ago.

Shaneka Johnson
Shaneka Johnson
answered on Jul 23, 2023

Generally speaking, any dangerous defect can be grounds for opening a rent escrow case. Rent escrows allow tenants to pay their rent to the court until the landlord fixes the problem. When the dangerous defect is an infestation tenants must show that at least one other unit is experiencing the same... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If someone steals my phone off the ground, in Maryland, US, is it legal for me to attack them to get it back?
Tim Akpinar
Tim Akpinar
answered on Jul 22, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. The use of force involving protection or retrieval of property is something that criminal defense attorneys are best qualified to advise on. Your question was probably overlooked in the general... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: My name is Axel and I am a real estate investor (wholesaler) and I was wondering what kind of contracts or what I would

need in order to make sure I do everything correctly and not against the law and to make sure I do not get into any legal trouble. Like what the process would be and what I would need between a Seller and a Buyer.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 19, 2023

An attorney would first need to know what you mean by "wholesale" -- do you intend to try and sell the property without ever coming into title? Or do you simply mean that you intend to buy property in bulk and once you have acquired same in your / your business name, resell to third... View More

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Is there notice for no right of redemption?

I had some financial troubles and long story short, I have 3 eviction notices under my belt. I have paid them off before eviction but when I spoked to the leasing office last they told me they planned on filing for no right of redemption. How does this work? Will I get a notice with a date or will... View More

Shaneka Johnson
Shaneka Johnson
answered on Jul 16, 2023

Generally speaking, the process for an eviction without the right of redemption is the same as any summary ejectment proceeding. Ten-days notice is required prior to filing the petition. Any appeal must be filed within ten days after the final hearing. Eviction is typically scheduled with the local... View More

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1 Answer | Asked in Insurance Defense for Maryland on
Q: Windshield crack at dealership

I was recently leaving a Car Dealership for an unrelated issue when an adjacent Lawnmower kicked up a stone and cracked my windshield. The garage put clear gel but a few days later the crack spread up the glass. Im am of the opinion that they must now replace e windshield and that I will have no... View More

Mark Oakley
Mark Oakley
answered on Jul 15, 2023

The owner of the lawnmower is liable, not the dealership, unless the dealership employed the guy mowing the lawn. This type of damage/incident is what is covered under your comprehensive insurance coverage. Call your insurance company.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can the court kick me out because I've been filed on for eviction more than once?

I'm in Ellicott City, MD. I had financial trouble and was filed on for eviction a few times. But I always paid my balance before eviction happened. Now they're saying the court can and will kick me out without notice because I've been filed on several times even though everything is... View More

Leonard A Englander
Leonard A Englander
answered on Jul 13, 2023

That would depend. If this is a failure to pay rent situation and your Landlord has gotten 3 judgments against you in the last 12 months, then the Landlord can request that the right of redemption be extinguished, at which point, yes, it wouldn't matter if you paid the outstanding amounts. Has... View More

1 Answer | Asked in Consumer Law and Lemon Law for Maryland on
Q: Can I file a consumer complaint if a brand new car had problems

I purchased a new 2021 Jetta in April 2021. In September 2022 during regular oil change the dealer told me the rear brakes were down to a 1 which was really odd for a brand new car with less than 15000 miles.

They also said VW won't cover the repairs since it was just outside the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

Go the the Maryland MVA website and look up dealership complaints. They have an entire complaint process for consumers who have issues with dealerships. In addition, some counties, such as Montgomery County, have rather robust consumer affairs offices that deal with car dealership and repair... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Should you accept a loan modification with a partial claim on a mortgage that has already been discharged in bankruptcy
Mark Oakley
Mark Oakley
answered on Jul 13, 2023

The only discharge granted was to your personal liability on the mortgage. The lien on the property remains. If you cannot afford the payments and stop paying, then the mortgage company can still foreclose and sell your house at acution to enforce its lien. What it cannot do is sue you and... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Do I need to file for any kind of custody in Maryland since their dad passed away a year ago?

My kids have lived with me for a year since their dad died. We did our custody order through Maryland since at the time he lived there and I gave him primary physical custody and we had joint legal custody. Awhile later he moved to WV and passed away. I’ve lived in PA for 6 years and my kids have... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

No, you already had joint legal custody to begin with--the equal to your ex. Now, you are the sole legal guardian of your children.

2 Answers | Asked in Employment Law for Maryland on
Q: Can my employer force me to pay for accidental damages with no contract. In Maryland.

I work for two people and live with them in a big house together with no contract, with another roommate. In Maryland. I accidentally broke the sprinkler and caused water damage in the house, they want me to pay what the insurance will not pay and the repair expenses and if not they will take the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

If you were just a tenant, then you would be liable; however, as an employee, that adds a new wrinkle. They cannot simply dock your pay for the excess cost of repairs. They would need to sue you, get a judgment, and then have a writ of garnishment issue against your wages, not to exceed 25% of... View More

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1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Small Claims for Maryland on
Q: I deposited a check in my account for my friend and gave them the money it was fake can I sue them?

It’s been five years since this happened and they almost always promised to start paying me back and never did and we are no longer friends and I’m left with this debt. It’s $3283.

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

The statute of limitations for commencing a civil suit is 3 years, so that has expired. You can file the lawsuit, but if the defendant raises the statute of limitations as a defense, you lose. It is an affirmative defense, so the defendant has to raise it or he waives it. Your facts also support... View More

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?

I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: I live in Maryland and have a possible medical malpractice suit in Virginia. Looking for guidance.
Scott Scherr
Scott Scherr
answered on Jul 11, 2023

You would need to consult with a Virginia attorney. Use the "Find a Lawyer" function to locate a medical malpractice attorney in Virginia.

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