Cedulie Renee Laumann's Answers

Is there a limitation on legal fees charged in a foreclosure action in maryland?

Hello. I am licensed in Maryland & assume since you are in Maryland that your daughter's home was as well? I am sorry to hear of your daughter's situation. Your question probably relates to the Trustee's fees. In your daughter's loan documents, the mortgage (called a Deed of Trust in this state) specified what fees could be charged in the event of foreclosure. For instance, it may have called for Trustee's fees of 5% of the gross sales price and/or reasonable attorneys fees. From a...

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What is the process, and how long is the process of a name change??

Hi. The process starts by filing a Petition with the court to change your name - this is filed in the Circuit Court in the county where you live. The law also requires notice of the intended change to be published in a local newspaper, giving people the opportunity to object. If anyone objects to you changing your name, you have 15 days to file a response. A judge will review your petition and if everything is done properly should sign off on an order changing your name.

What is a lawyer good for?

Many Maryland attorneys have devoted their time - without compensation - to help struggling homeowners without resources to pay an attorney. People with resources often pay a lawyer because the lawyer can look at the loan documents, negotiate with a lender and work on ways to legally stop a sale or minimize the damage of a sale. After reviewing your situation, an attorney may be able to help you negotiate a payment plan, forbearance or loan modification to avoid foreclosure. In other...

I have 5 properties in Baltimore, MD, what is the advantage of setting up an LLC for these properties?

Hello. The first attorney answer described an excellent and primary advantage of forming a LLC - to limit your personal financial liability. Other benefits of holding investment properties in a LLC exist - for instance, if you want to share and/or gradually transfer ownership to family members, this can be accomplished by making them members of the LLC rather than continually revising the deeds and/or passing property through probate. Additionally, a LLC allows you to bring on other...

Maryland Law

Thanks for posting. I'm a MD attorney. The short answer is that a house does not automatically get "awarded" to the surviving spouse in Maryland. In this state, how property passes at death depends on several things, including how property is titled, if there is a will and what the last will says. If someone owns a house as joint tenants with right of survivorship, the whole thing goes to whomever else is on the title. If any property does go into the probate estate, who gets what...

Statute of Limitations

I am sorry to hear of your troubles with your former roommate. For most cases in Maryland, the statute of limitations is three (3) years.

Can I take my name off the deed leaving my 2 children on Can I do this with holding a small mortgage?

Such a deed is fairly simple in most jurisdictions, but property transfers (whether removing one person's name or selling it to third parties) will require your lender's advance approval. Otherwise an unapproved transfer can trigger the "due on sale" clause of your mortgage. You should first call your lender. You may also benefit from local counsel who can talk with you about your goals (why you want to remove your name from the property) and discuss possible ways to accomplish these...

Lis pendis filed, 30day answer by defendant filed. Is it legal to get a summary judgement if answer was filed within 30 days

Yes. Summary Judgment means the Court found that the other party was entitled to win based on how the law applies to the undisputed facts. It requires a Motion, but it is not the same as Default Judgment, which only applies when a party fails to answer. You are strongly encouraged to consult a lawyer in your jurisdiction to get advice on any pending litigation. The law has strict time limits for fighting any judgment, so the sooner you seek advice, the better.

Preforclosure lockout!

You may want to immediately contact a local attorney or call the free HOPE Hotline at 888-895-HOPE. Foreclosure laws are different in each state and it can help to have someone negotiate with your lender. That being said, your Mortgage document (also called a "Deed of Trust") should have buried in the "legalease" language a paragraph that says what the Lender can do to protect its interests and "secure" the property including changing the locks. Look at your paperwork, but there is a good...