My husband is adding me to his home deed. If I try to buy a house later, am I considered a first time home buyer?
Like most issues complicated by individual circumstances, the answer is, "it depends." The general rule is you cannot have owned a home before, or for some first time home buyer programs, within a specified period of time. However, if you are a "displaced homemaker," then the fact that you were on the title of a home with your spouse cannot be used as a basis to disqualify you from any federal first time home buyer program. Here's a link that explains this federal rule in more detail: https://www.law.cornell.edu/uscode/text/42/12713
At such time in the future when you need to determine your eligibility, that is when you need to ask this question. It is generally in your favor to add your name to a home owned by you and your spouse, because in the event of separation or divorce, your spouse cannot transfer title or borrow against the property without your written cooperation and consent. Also, property titled as tenants by the entireties (how spouses hold title in Maryland) cannot be attached or sold by creditors of either spouse, unless the debt is owed by both spouses jointly. This is a valuable legal protection you should not ignore.
After a foreclosure in Maryland can they just come in the property and take all the homeowner's valuables, money, important documents and personal property if the homeowner is out of town? How long does the homeowner have to vacate the property?
It's a rather long process after the sale. There's an audit of the sale, and a 30 day objection period, and then the court has to approve the audit. Depending on the county, this can take many months. Once the final audit is approved, legal title must transfer to the successful bidder at auction. That is by court order. Then, the new titled owner must attempt to ascertain if there is anyone living in the property, and serve the legal notice required by law on any occupants (this includes the notice required by the federal protecting tenants in foreclosure act). If there is someone still living in the property, then the new owner cannot use self help, but must go to court and request a judgment of possession. The request must be served on the occupant of the property, who then has 30 days to respond. A hearing wil be scheduled, and the court will award or deny possession at that time. The judgment is not self-executing, and the new owner cannot access the property yet. The court must first issue a writ of possession and deliver it to the county Sheriff. The new owner must schedule an eviction date with the Sheriff. It is not uncommon for the scheduled eviction date to be six to ten weeks later. At any time after title transfers, however, if the property appears to have been abandoned, the new owner can enter and take possession. You cannot assume that the property will remain untouched if you leave town for any extended period of time. However, if you are in continuous occupation (clear evidence that you are regularly living in the property) then the new owner cannot enter or interfere with your occupancy except through legal process as described above. From the date of the foreclosure sale, the process can take well over a year. It is not uncommon for homeowners to file bankruptcy prior to the actual sale, which would have the effect of cancelling the sale and delaying foreclosure for as much as 6-9 months, and discharging the debtor's personal liability on the mortgage balance and foreclosure fees, which would otherwise survive the foreclosure and potentially be entered as a deficiency judgment against the homeowner to the extent the sales price did not pay it all off. If you are a homeowner in this situation, you should seek bankruptcy counsel as son as possible.See question
We have all the requirements necessary for the no-wait uncontested divorce and have been given a court date. As the defendant, am I required to show up in order to finalize the divorce or will it proceed without me? If it is optional, what would b...
If by "no wait" you mean the new law that allows spouses without minor children to sign a written separation and property settlement agreement and divorce without having to first live separate and apart, then yes, both spouses must appear or the divorce cannot be granted.See question
My 22 year old friend slept with a16 year old and is worried and doesn't know how the age of consent works
The age of consent for sexual relations in Maryland is 16, so long as the older partner is not in a position of authority over the 16 year old (e.g., an adult living in the same household, a guardian, teacher, a caretaker, employer, etc.).See question
I was sold on Ambit Energy by a neighbor of mine 2 years ago with the idea that my wife and I would save 20% on our electric bill. Initially we could see the savings and were happy with the service. Towards the end of our term we felt like the s...
You cannot sue for general compensatory damages arising out of a breach of service agreement. You can claim contract damages only, representing your out-of-pocket losses due to the utility company's contractual breaches.See question
Policy Number identified on policy - for mother deceased 2015 Policy paid up Is the Maryland Hall of Records my best bet?
Impossible to decipher your question or what it is you would like to accomplish. Please explain a little better.See question
I purchased my home (213 Grist Mill Lane North East, Maryland..), and since living here there has been a problem with water drainage on the front of my property. The water company (Artesian) has put in notice to me and the builder to correct the ...
What date did you close on the purchase of the home and take occupancy? Was this a custom home or new home contract direct from the builder? Maryland has a NewHome and a CustomHome Warranty Act, and you have a number of legal rights, if you are still within the statutory warranty periods. Yes, a lawyer can help. You need one familiar with construction law and NewHome warranties.See question
After quick home sale, moved from Bethesda Md. permanent address of 30 years in 8/14. For many reasons I'd NOT acquired NEW PERMANENT ADDRESS yet, so old long standing address has remained on my Montgomery County Md. License, Car Registration, Car...
You have a signed lease for a home in Virginia. It appears you have a legal residence. Unless you plan to move back to Maryland pretty soon, the law in both jurisdictions seems clear: you need a Virginia driver's license and need to register your car in Virginia.See question
Hello. I took out a loan from mariner finance in June for 1,000 and understood that I was to repay 14,000. I had some personal health problems and fell behind on my payments over the summer. August 27th I paid $413, and September 5th I paid $500. ...
Your numbers don't make any sense at all. You borrowed $1,000 in June and you understand that you owe $14,000? And you've paid back $913? And they sued you immediately after you underpaid your August payment, and got you served as early as the beginning of September? None of this sounds right. Take all your paperwork on this loan and the law suit to a lawyer. Sounds like an illegal scam to me, or you've really got your numbers and timeline mixed up.See question
mother wants to take children to Thailand to visit dying family member, but father is not agreeing. claiming that mother will kidnap children. how can mother battle this?
Do the mother and father share joint legal custody, or does the father have sole legal custody? If joint, then the mother can take the children so long as she does not violate the visitation/residency terms of the divorce judgment. If not joint legal custody, then it depends on the terms of the judgment, but the answer is probably no, without a court order granting it.See question