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Robert L. Flanagan

Robert Flanagan’s Answers

61 total


  • Do I have a case against the landlord for keeping an extra months rent and returning my deposit 60 days late?

    Maryland Landlord breached leasing contract returned partial deposit after 60 days of being given a 30 day notice that I was moving out. The Landlord kept an additional months rent because they stated that I did not mail my move out notice via fir...

    Robert’s Answer

    yes, I would look at the lease first to see how notice is to be given. However if landlord made a practice of communicating with you by email and actually received notice without objecting you may have a case to recover your full deposit.

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  • Why would a judge seal all records in a civil case without ever being petitioned by either party?

    Can not understand why a judge would do this as she was never asked...no motion was ever filed. Then we were never told about her actions. What purpose would this serve? The case is currently in appeal btw.

    Robert’s Answer

    • Selected as best answer

    You have not given enough information to answer the question. However, the following information may be helpful to you. When an appeal is filed, the case is before the Court of Special Appeals. The Circuit Court records are sent to the appeals court. Have you talked to the lawyer who is handling your appeal?

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  • In Maryland, how long do I have to sue someone and are promises in text messages to repay a loan sufficient grounds to sue?

    I live in Maryland and over a period of several months I loaned a female friend quantities of money that total up to about $10K. She said she'd start paying me back when she got her tax refund. She indicated this to me in text messages that I sti...

    Robert’s Answer

    The statute of limitation for an oral contract is three years.

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  • Legal contract dictating actions on a joint account (bank account and brokerage account)?

    Me and another are looking to share some liquid assets with each other in a joint bank account and brokerage account. However, we want to have a legal document specifying how the money can be accessed (i.e. withdrawing over 10k requires join autho...

    Robert’s Answer

    There is no "form" available for this. Your agreement is sufficiently complicated that you should hire an attorney to draft a contract for you. This will serve to avoid any misunderstandings that might create bad feelings in the future. You also need an attorney to evaluate and explain risks associated with "sharing" assets in an account with another. Finally, the bank is not bound by the agreement between account holders. If either party fails to comply with the terms of the agreement, it is not going to be the banks problem. It will be you and/or the other party.

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  • When parents are named on a custody order does it apply to all extended family .ie grandparents?

    I am in a current custody dispute where my son's father refused, on a few occasions, to see our son. Recently a judge order temporary physical custody to the father in hopes he will wisely make up for the 2 1/2 years he decided to miss out on. Mot...

    Robert’s Answer

    The answer to your questions depends on how the wording of the order for custody and access. If there are no specific provisions for grandmother's access, mother may have to pick the child up and bring him to grandmother's home. What the judge "stated" in open court may provide guidance but it does not decide the dispute. If the judge intended grandmother visitation, he can asked to amend the order at mother's request .

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  • Can a home equity line of credit be issued to the mortgage holder if they do not live in the home?

    The father of my children and I own a house, and in 2013 agreed to buy a second home when we split up (we were never married). We put both houses into a trust with the children as the beneficiaries. We both are on the 1st house's mortgage, and he...

    Robert’s Answer

    What the bank told you is it's lending policy. You can look for another lender who is willing to make such a loan. You might also refinance the first mortgage for a higher amount. A lender could view such a transaction more favorably if the money taken out is devoted to improving or repairing the home.

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  • Is Uber company allowed to tell the customers not to tip the drivers?

    I'm an Uberx driver in MD, VA&DC and I'm not happy with money wise, let me explain it to you the I see it maybe I'm wrong because I need your help if you can please, Uber company tell the customers not to tip the drivers I wonder if they allow t...

    Robert’s Answer

    This is a contractual relationship between you and Uber. If you don't like the terms of the contract, get another job.

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  • I am custodial parent with no income as I was housewife, does my spouse have to pay for housing to accommodate our minor child?

    My spouse is willing to give me full physical custody of our 5 y.o. son however he wants us to move out of the marital home into a 1 bedroom apartment. Is he required to provide a 2 bedroom home so that my child has his own bedroom or not? I cur...

    Robert’s Answer

    You are entitled to child support. You may be entitled to alimony. You may be entitled to remain in the family home with your child and he may be required to pay some or all of the mortgage.
    Child support as calculated by the child support guidelines is easy to predict. Go onto the Maryland Department of Human Resources calculator to get an idea of what this would be. Alimony and help with the mortgage payments depends.
    You need an experienced divorce lawyer.

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  • Home equity line

    Can I obtain a home equity line from a bank that is not the bank that my mortgage comes from?

    Robert’s Answer

    Yes you can shop around for the best terms.

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  • Daughters father insisted that she go to a private school in Delaware when I live in Maryland. Wants to lower child support

    My daughter is 4 years old. She mainly lives with me in Maryland but her father lives in Delaware. We share legal and physical custody. But her primary address is my house. He insisted that she go to a private school and that he would pay tuition....

    Robert’s Answer

    You are not overthinking. There are many issues to be considered.
    What is best for your daughter? If she started in private school in Delaware what assurances do you have that he would continue to support her in that school?
    Is there an consent order that the two of you can agree upon as being in the best interest of your child?
    What do you mean that her "primary residence" is with you? What is the schedule?
    If he is attempting to change her primary residence, that could be a major life change for her. He should not be able to do so without your agreement.
    If not a "red flag", this sounds like a "fork in the road". You need a lawyer you trust and talk this over with him/her.

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