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Mark L Rosenberg's Answers

Mark L Rosenberg
Bethesda Commercial Real Estate Attorney.
Contributor Level 15

2

Attorney answers:

  1. Mark L Rosenberg
  2. William C Wood

Breach of contract case against husband in maryland for credit card debt.

Asked by a user in Greenbelt, MD - over 2 years ago.

If you were both jointly liable on the credit card debt, the Judge cannot "reassign" the debt. You should get copies of all of the credit card applications to make certain that you actually signed for these cards. You should also attempt to work out settlement agreements with the credit card companies so that your credit score is not affected.

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2

Attorney answers:

  1. Mark L Rosenberg
  2. Paula Brown Sinclair

Can my husband be affected by my credit?

Asked by a user in Bowie, MD - 4 months ago.

You should probably avoid having joint bank accounts or joint credit cards at this point. If you buy a house, make sure that it is titled as "tenancy by the entirety" so that any judgment against you will not be result in a lien against the house. As for any judgment against you, it cannot result in any garnishment against your husband to be.

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4

Attorney answers:

  1. Mark L Rosenberg
  2. Keith R Havens
  3. Dorothy G Bunce
  4. Theodore Lyons Araujo

Garnish or levy? I have a judgment against someone and just had it recorded.

Asked by a user in Baltimore, MD - almost 1 year ago.

You can do both the bank levy and the garnishment at the same time, but, naturally, once you have received all the funds owed, you must release both the garnishment and the levy.

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3

Attorney answers:

  1. Mark L Rosenberg
  2. Steven J. Fromm

What kind of lawyer do I need and do I call one in Maryland or Florida?

Asked by a user in Odenton, MD - over 2 years ago.

You are being notified because your collateral will be lost if the foreclosure does not produce enough money to pay you off. At this point, you could just hire a Maryland lawyer to advise you about the procedure and your rights. You do not have to reply to the Summons, but it is possible and in fact likely that your collateral for the loan will be lost. The young buyers will still be liable to you on the promissory note, but you will probably have to file suit against them in Florida to...

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3

Attorney answers:

  1. Mark L Rosenberg
  2. E Martin Davidoff
  3. Tai Christopher Bogan

What extent is attorney client privilege covered?

Asked by a user in Bethesda, MD - 3 months ago.

Posts on Avvo are not privileged because they are not private. Communications between a lawyer and a potential client may be privileged even if the lawyer is not retained if those communicatons contained legal advice.

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3

Attorney answers:

  1. Mark L Rosenberg
  2. Mark William Oakley
  3. Rixon Charles Rafter III

Am i responsible for structure damage

Asked by a user in Ellicott City, MD - 4 months ago.

You should definitely not sign anything at this point. If you have renter's insurance, that will cover your loss of your personal items. If the landlord's insurance company tries to claim that you are responsible for the fire, you should hire counsel immediately. If that happens, I would be glad to assist you and would do an initial evaluation without any charge or obligation.

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2

Attorney answers:

  1. Mark L Rosenberg
  2. Theodore Lyons Araujo

My in laws no longer live at my place of residence but debt collectors continue to call! What can I do?

Asked by a user in Baltimore, MD - over 2 years ago.

Get the name of the person and tell them not to call any more, because the debtor does not live there. If they persist in calling, they may have violated the Fair Debt Collections Practices Act, and you can review that Act at www.ftc.gov.

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2

Attorney answers:

  1. Mark L Rosenberg
  2. Theodore Lyons Araujo

Judgement in MD

Asked by a user in Baltimore, MD - over 2 years ago.

Because the time for a Motion to Vacate has passed, you must file a separate legal action to void the judgment.

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2

Attorney answers:

  1. Mark L Rosenberg
  2. Frederick William Schwinn

Creditor sued in April did not serve until October and SoL date was in June can I motion to vacate judgement based on SoL?

Asked by a user in Silver Spring, MD - over 2 years ago.

If the case was filed in April 2009, it was within the statute of limitations. However, if you were not served until October 2009, you may have been served beyond the time allowed for service of process. You should file a Motion to Vacate the judgment, attaching proof that your child was sick, and that's why you could not be in court. If that is successful, the case can still go forward, but you may be able to work out a settlement.

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2

Attorney answers:

  1. Mark L Rosenberg
  2. Cliff M Blondes

Can a company foreclose if there name is not on the deed of transfer.

Asked by a user in Denton, MD - almost 3 years ago.

You should hire counsel immediately. Maryland has new legislation last year that gives additional rights to borrowers facing foreclosure. You should have an attorney review this immediately to see if the lender has made a mistake and if the foreclosure can be set aside.

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