Daniel S Willard’s Answers

Daniel S Willard

Bethesda Business Attorney.

Contributor Level 3
  1. I have a located a real estate investor who is interested in fronting me the $5,000 down payment for a rent to own scheme.

    Answered almost 2 years ago.

    1. Daniel S Willard
    2. Thomas C Valkenet
    2 lawyer answers

    Questions about rent-to-own schemes have become much more common in the current economy so the responses to this question may have broad appeal. Please be sure to read all the disclaimers and to get competent local legal advice. In addition to the issues raised in the response to this question from a highly rated attorney, I would add that there are an array of other investment vehicles beyond the ones other counsel raised by way of illustration. Without being exhaustive, there are limited...

    Selected as best answer

  2. Signature is not clear as to the beneficiary on an account--where do we go from here?

    Answered almost 2 years ago.

    1. Daniel S Willard
    2. Clayton Harold Walker Jr.
    2 lawyer answers

    This question seems to have been posted twice, in slightly different phrasing. As other well-qualified counsel responding to both questions indicated, this question should be run through your bank's legal counsel. I represented FWB Bank in Montgomery County for many years before that bank was bought up by Grand Bank, which was itself bought up. As other counsel responded to the other question, this matter could be ripe for the procedure called interpleader, which I used for FWB Bank...

  3. Beneficiary is not clearly marked on signature card for savings account. I work for the bank where the account is held.

    Answered almost 2 years ago.

    1. Thomas C Valkenet
    2. Daniel S Willard
    2 lawyer answers

    As other well-qualified counsel below indicated, this question should be run through your bank's legal counsel. I represented FWB Bank in Montgomery County for many years before that bank was bought up by Grand Bank, which was itself bought up. As he points out, this matter could be ripe for the procedure called interpleader, which I used for FWB Bank but which must be handled according to the procedural rules. I assume, as I think other counsel does, that you ask about a POD clause (...

  4. Please define who the Holder and Maker are in a confessed judgement.

    Answered almost 2 years ago.

    1. Nathaniel C Fick Jr
    2. Daniel S Willard
    3. Guy W Bluff
    3 lawyer answers

    OMG! Get a lawyer immediately! In Maryland, if you lend money to a consumer and use a confession of judgment provision, it is illegal and you risk legal prosecution. The same goes for any other consumer transaction. If you sell goods to a consumer and seek to use a confession of judgment provision, you also are at risk of criminal prosecution. Do not use a confession of judgment provision in any agreement without competent legal advice. I speak as someone who has had Maryland's...

  5. I had done some advertising with a company in Florida and the company went out of business. What can I do to get my money back?

    Answered almost 2 years ago.

    1. Philip Leon Marcus
    2. Daniel S Willard
    3. Robert John Murillo
    3 lawyer answers

    Maryland has a statute called the "long arm statute" that allows some suits in Maryland against out of state businesses. Under a series of Supreme Court cases, one huge question is whether the Florida business had "substantial minimum contacts" with the State of Maryland. Possible ways you might get jurisdiction over the company in Maryland could include the following: There might be language in your advertising contract that provided for Maryland jurisdiction (unlikely); or representatives...

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