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Cedulie Renee Laumann

Cedulie Laumann’s Answers

29 total

  • Can a Maryland sole proprietor business own another business?

    Hello, I filled out the Maryland trade name application. On line #3 it says: FULL LEGAL NAME OF OWNER OF BUSINESS OR INDIVIDUAL USING THE TRADE NAME. I entered the name of my other sole proprietorship trade name business as the owner of the n...

    Cedulie’s Answer

    Yes, a business can "own" another business. However, as the other attorney posts indicated, a trade name cannot own anything. To accomplish your purpose you could form a business entity (say an LLC or corporation) and have that entity own multiple trade names. Otherwise, you could do as the posts suggest - namely just own both trade names individually.

    You may wish to consult with a business lawyer.

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  • How can you add a friend on the quit claim deed in ?

    I want my friend to be placed on the deed with me. I still owe the mortgage company which she has been helping me pay and many times paying herself. I have many health problems. I have four children who do not assist with paying the mortgage, t...

    Cedulie’s Answer

    While a deed can generally be prepared easily, before making this decision, please understand the ramifications.

    Adding someone to a deed without your lender's permission can have the effect of triggering the "due on sale" clause in a mortgage (meaning the full balance of the loan would be immediately due). Additionally, and whether or not the lender approves, friends are not in the class of people to whom you can transfer a deed without transfer/recordation taxes so transfer /recordation tax will almost certainly be due and in many cases can total several thousands of dollars. Maryland law exempts certain transfers (such as adding spouse or children to a deed) from such transfer taxes.

    There may be other tax ramifications such as triggering the requirement to file a federal gift tax return, when adding someone besides a spouse to the deed.

    This general information is not legal advice but I encourage you to talk to a real estate attorney who regularly prepares deeds and who understands these issues so that they can advise you accordingly. It also sounds as though you are thinking of estate consequences and what would happen if you left the property to someone other than your children, so you may also wish to consult with an estate planning attorney.

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  • Can I have an attorney represent me with finalizing the purchase of a property since it was purchased at a foreclosure auction?

    Seeking [P.G. County] Maryland Real Estate attorney representation for a property purchased at a foreclosure auction April 2015. I have a ratified contract from a judge. I am in the process of securing a mortgage loan. I do not believe I need rea...

    Cedulie’s Answer

    It sounds like there are two things you might be seeking guidance with -- first, looking over the papers and loan offers you have in hand and second, looking over the actual settlement papers and loan documents for whatever lender you ultimately decide to use at settlement.

    A mortgage broker might be best able to help you compare different mortgage options -- the lenders should give a summary of each loan offer in something called a Good Faith Estimate or now Loan Estimate. One can look at that single document to see the key terms and compare the estimates for different loan products. However, keep in mind that until you go through underwriting for a loan you won't get the actual loan documents themselves.

    Typically the lender will suggest a title company to handle the settlement / loan closing. While a borrower has the right to pick his/her own title company, oftentimes people just go with the title company recommended by their lender. Whoever conducts the closing, you have the right to bring an attorney along or have an attorney review the closing paperwork with you. In some cases, particularly when no real estate agent is involved, it helps to have an attorney look things over and/or accompany you to settlement. My firm does this for a flat fee, there are likely other law firms who do as well. While I'm located in neighboring A.A. Co., you are welcome to call if you do not locate a P.G. based firm to assist.

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  • Will any class of lawyer suffice in writing a demand letter on my behalf for obtaining copies of my medical records?

    I am about to finally and fully proceed. A doctor neglected to send or include particular photographs when I informally requested all documentation. He not so cleverly failed to include the most important photographs, and I know why. I know that I...

    Cedulie’s Answer

    Your question seems to indicate that you understand that a patient has certain rights to obtain his/her own medical records. An informal request might not provide all records. Both federal law and state law offer some rights to obtain medical records but generally this is done by a formal written request and payment of copying costs. If a formal written request (and payment of reasonable & necessary copying costs, not to exceed the legal limit) does not produce the records, then you could contact any attorney of your choosing. Should you need legal help, you might consider contacting a local attorney who handles personal injury matters as they should be familiar with the process of obtaining medical records.

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  • At what point should you file a quit claim since I am trying to get mortgage in my name only?

    filed for divorce, husband moved out. he has not paid mortgage in a year so the real estate attorney is trying to modify mortgage in my name only. we are both on the deed but if it gets approved, I would want to file a quit claim deed getting hi...

    Cedulie’s Answer

    I agree with the prior attorney post -- a Quit Claim deed is not usually the best option even though lenders often refer to any deed removing a spouse as a "quit claim deed." One problem with a quit claim deed is that it doesn't even confirm what the person going off title owned. Generally you'll want the person being removed from the deed to at least confirm how they acquired the property.

    However, a special warranty deed may or may not be appropriate. My firm handles many spousal deed transfers and we typically do a deed without warranties when one spouse is going off title and no money is changing hands. As the other attorney noted, it should not cost more money depending on the type of warranty.

    One reason for starting the process earlier is that it may take time to record a deed, with timing varying from county to county. Some counties require a lien release certificate and this must be ordered in advance. Additionally, the best time to record a Maryland deed is between January 1 and June 30. if you wait until after July 1st, you'll generally need to pay the entire next year's worth of property taxes before the county will accept a deed for recording.

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  • Who is responsible for ensuring that the trust is funded - lawyer or client? What is your firm's practice?

    My spouse fell ill so we retained a well respected attorney to draw up a trust for estate planning.The lawyer charged a flat fee of several thousand dollars for a trust for each of us. The trust documents were provided, but there was never any fol...

    Cedulie’s Answer

    In the famous phrase attorneys like to use "that depends." If real estate, then the attorney would generally prepare the deed to transfer ownership to the trust. When a client retains my firm to set up a trust and they have Maryland based real estate going into the trust we prepare the necessary deeds and file same.
    Assets in financial institutions however remain in the cient's sole control and an attorney will not typically have any authority to transfer such assets. My firm typically reminds clients to go to their financial institutions to transfer these assets but it remains the client's job to do so. If any personal tangible property ("stuff" in the house, etc.) then the attorney can easily transfer by listing in the schedules to the trust instrument.

    I hope that this helps!

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  • In Maryland how hard is it to have someone removed from a home where they were allowed to live w/ the owner until their death?

    My elderly mother (75) allowed a homeless deadbeat relative to come live with her. My mother had been living alone. He had no place to go and really has been a bad bad person with a host of issues such as drug abuse and theft. My mother own the ho...

    Cedulie’s Answer

    If there is solid evidence of any of the crimes mentioned (e.g., theft) taking place against an elderly owner then the first stop would be to immediately call the police and/or adult protective services.

    If no crimes are being committed but the occupant has some unsavory characteristics / past that make other family members uncomfortable there is little to do (as the question seems to implicitly understand). A property owner can let whomever they choose live in their home. Charity can be a good thing, even if the recipient seems undeserving.

    It is a challenge to answer questions about future events because no one knows what the exact circumstances will be. Is there or will there be a lease? Who is the Personal Representative and how long will they manage the property before disbursing? Will that person want to oust or not? If at some point in time in the future, you or someone else owns the property and an occupant without legal right to stay refuses to leave there may be legal rights to file for eviction and/or possession. Generally these are started by filing in District Court in the county where the property is located. Almost always the occupant needs to be served with the court papers. The court will need to rule. If possession is granted, then the sheriff's office schedules a date to physically evict. A landlord/tenant attorney can offer insight on the process for eviction / recovering possession as, if & when the time arises. Rules and procedures change from time to time.

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  • What is the best contract to use to transfer title? A quitclaim deed or regular deed? Will the outstanding mortgage have impact?

    I own a residential property as joint tenants with one other owner in Prince George's County, Maryland. I'm not related or married to the other owner. We have agreed that I will buy-out the other owner for some consideration. There is an ou...

    Cedulie’s Answer

    A quit claim deed means that the person giving their interest away isn't willing to say that they own what they are giving away. In rare circumstances will a quit claim deed be appropriate, usually they are reserved for cases like a disputed title or estate with many heirs who don't know whether they have a true interest or not. As another attorney noted, there are general warranty deeds and special warranty deeds. There is also a sort of hybrid deed without warranties but with recital of ownership used when no money is changing hands. So generally when money is changing hands, a "regular" deed tends to be far preferred.

    Yes, the mortgage will have an impact in two ways. If not related to or married to the other owner then usually transfer and recordation taxes will be due based on the outstanding balance of the mortgage. Secondly, most mortgages have a "due on sale" clause that means the entire mortgage needs to be paid up if a transfer occurs. So generally you'll want to contact the lender before doing any transfer to make sure they are okay with it. On rare occasion they'll want to look at the deed ahead of time. If the person being bought out is being removed from the mortgage you'll need to refinance or assume the loan.

    My firm does such co-owner transfers routinely as do others. You're welcome to call or contact another attorney of your choosing to get a quick estimate of what kind of transfer/recordation taxes you'll likely encounter based on the consideration and amount of the outstanding mortgage. The deed itself will likely be modest in cost but it would make sense to know what to expect in terms of overall tax costs before proceeding.

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  • Can my lawyer demand a lump sum or can I make monthly payments on a deed change? will the deed process stop if I dont pay lump?

    hellow. a lawyer is working on deed change. to put my decessed parents house into my name. im 62 disabled and get only 758 a month s s. and food stamps of 50 a month. the lawyer wants 2200 for this deed change. he said he wont accept monthly paym...

    Cedulie’s Answer

    • Selected as best answer

    As other attorneys noted, a few thousands dollars for only a deed change seems quite unreasonable. However, a preliminary question to ask is: is the fee only for a deed (which generally is a few hundred dollars not counting the government imposed recording fee which is currently $60 and any city/county fees which can be another $40 - $60 depending on the location) or does it include opening up and/or administering an estate?

    Administering an estate often includes 6-12 months worth of work and will require things like filing a petition, putting notice in the newspaper, inventorying property, notifying creditors, filing accountings with the court and so forth. It is reasonable to expect to pay about 4%-5% in administration costs (so a $100,000 estate will likely have at least $4,000 - $5,000 or so in administration costs including the 3.6% commission set by statute) An attorney representing an estate should not get paid out of estate money until the court approves the payment or the fee OR all the interested persons consent in writing and the consent is filed with the court.

    Every client has the absolute right to choose their own attorney. While an attorney can set their own fees and not release paperwork until the agreed upon fee is paid if the quoted fee is not reasonable you are encouraged to shop around. Just make sure you clearly understand all that is involved - was the estate already opened and administered and all you need is a deed or do you need a lot of additional work to handle the estate?

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  • What court papers do I need to file

    I left the state of maryland. My house had been foreclosed and I moved a shed full of things onto my neighbors property I stayed on her couch for a few months prior to my move. Not to get into too many details but I had to move out quickly and wi...

    Cedulie’s Answer

    You can go to the District Court in the county where the property is located and file a small claims action to recover personal property ("stuff"). The District Court has a brochure that offers some insight on the actions of replevin and detinue. Some courthouses also offer clinics with some limited help on how to select and fill out the correct paperwork for self-represented people.

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