Forced Sales to Cash Out

April 11, 2017 Leave a comment

Are you frustrated with a piece of property that you own with someone else? Do you need to cash out of your portion of the property so that he/she can take over full ownership? If you are a joint property owner in the state of Maryland, you have the right to force the sale of your property through legal means. The most popular method of forcing the sale is with a sale in lieu of partition action or with partition action, whether voluntary or judicial.

What is a Partition?

A partition divides the property so that both parties can cash out or so that one person can cash out and the other can become the sole property owner. Partition actions can be voluntary if both parties accept the property division and, through legal representation, negotiate a contract to split up the property or sale profits.  If you can’t reach an agreement or if your relationship is less-than-positive, you can file a partition lawsuit and let the court decide the property division.

What Happens During a Judicial Partition?

The court will do one of two things: divide up the land if possible or order a sale of the property to split the proceeds. If the property you own is divisible into two lots (there is no home standing there), the court will split it in half and make it two separate properties. You would then be free to sell your half.

In most cases, the property in question is a home, so it cannot be split without loss to the property owners. The court will order a sale, called a sale in lieu of partition, and then order the proceeds divided. The typical sale procedure involves three property commissioners to assign value to your property and oversee the sale. These commissioners and their associated fees and costs can be bundled in with the sale proceeds. For this reason, it’s always better to negotiate a voluntary partition if possible to get the most cash out of your property.

What About a Property I Inherited?

If you inherited a property with a family member and want to cash out or avoid the responsibility of upkeep and costly property taxes, you can file for a sale in lieu or partition or partition. During a sale in lieu of partition, the court will determine that your property (typically a home) cannot be divided without losing value. Once the sale is completed, you will receive your portion of the sale after the payment of compensation, fees, and costs of the commissioners is removed.

How Can I Start the Partition or Sale in Lieu of Partition Process?

To ensure the process goes smoothly, give us a call at Lebovitz Law. We have years of experience negotiating the best deals for our clients, whether it’s family law or property law. Contact us today at (410) 828-0680.

Filed under Forced Sale, Maryland, real estate, real estate law Tagged with , ,

Don’t Forget Your Security Deposit

March 7, 2017 Leave a comment

Getting your security deposit back shouldn’t be a hassle…
but what if it is?

security-deposit
Moving out can be an exciting but stressful time. Even after the actual moving part is over, there can sometimes be problems.  One common problem is the landlord’s failure to send back the security deposit. When you’ve done all that was required as far as cleaning, shampooing carpets, scrubbing surfaces and removing all personal items…you expect to receive that security deposit. What happens if your landlord doesn’t send it?

Security Deposit 101

The security deposit is given to the landlord during the move-in and leasing process. It’s typically used to cover unpaid rent, replace broken items within the rental property and repair any damages.

How Do You Get the Security Deposit Back?

First things first, sit down with your lease to make sure that you are properly meeting all of the terms and conditions before moving out. All property that was in the apartment when you arrived, like light fixtures and appliances, must remain. The property should be in good physical condition. Anything classified as wear and tear won’t be charged for, but wear and tear can be a broad designation depending on your landlord. Make sure that you give sufficient notice, according to the terms in your lease, for moving out to avoid additional fees or losing a portion of your security deposit. If your lease was over one year, you are entitled to interest on the security deposit, which your landlord should keep in a separate bank account without any co-mingling of funds.

What if There Are Damages?

If there are damages in your apartment, make sure that you ask for an itemized list so that you know what you’ll be paying for. Damages do not typically exceed the actual cost of repair, even on items that are pricey to replace like carpet.

The Deposit Timeline

Typically, a deposit is returned in full or returned with a list of itemized deductions. The state of Maryland requires all landlords to return the security deposit within 45 days of the move out date.  Always leave a forwarding address with your landlord so that he or she has somewhere to send the security deposit, as all that’s needed is to mail the check to the last known address (which might not be where you’re headed).

I Never Got My Deposit!

If you still haven’t received a deposit or explanation for the lack of check, complete the following steps:

  • Complete a Request for Return of Security Deposit form, typically available through a local or state tenants’ association or lawyer
  • Send the Request to your landlord via certified mail and request a receipt of delivery
  • Allow one week to hear a response from your landlord
  • If it has been over 45 days, Maryland law allows for you to deny repair costs, damages, or deductions other than unpaid rent, including damages up to three times the amount of any unpaid rent and attorney’s fees.

If you are struggling with retrieving your security deposit, Lebovitz Law is here to help. Contact us today at (410) 828-0680.

Filed under Landlord Tenant Agreements, Maryland, Security Deposit, tenants rights

Wells Fargo Terminates Ocwen from Mortgage Servicing Deal

February 27, 2015 Leave a comment

Wells Fargo Terminates Ocwen from Mortgage Servicing Deal.

Filed under attorney, loss mitigation, Maryland

New Protective Order Laws

September 23, 2014 Leave a comment

Peace and Protective Orders are civil orders issued by a judge that Orders one person to refrain from committing certain acts against others. The relationship between the Petitioner (person seeking protection) and the Respondent (person alleged to have committed the prohibited act) determines the type of Petition to be filed. Protective Orders generally apply to people in domestic relationships, such as spouses, boyfriends/girlfriends, children, relatives. Peace Orders are for other persons like neighbors, coworkers, other third parties who harass or are doing something that threatens the Petitioner.

On October 1, 2014, Maryland will relax the burden of proof required by a Petitioner seeking a Final Protection Order in a domestic violence case. The current standard of proof requires the Petitioner to prove by clear and convincing evidence. The new standard will lower the threshold to a less rigid preponderance of the evidence standard. This will result in making Protective Orders more accessible and attainable as most situations involve a “he said, she said” situation with little physical proof of a threat of eminent bodily harm.

Only time will tell whether this lower standard of proof will result in a greater number of Final Protective Orders.

Filed under Baltimore City, Maryland

How to get custody of child when other parent leaves the state with the child

September 23, 2012 Leave a comment

All states in the United States of America follow the Uniform Child Custody Jurisdiction and Enforcement Act. Each state has its own version of this law codified in its own statutes.

In the State of Maryland,  this act is found in Family Law Article  § 9.5-201, initial state child custody law. This law provides that

(a) Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State has jurisdiction to make an initial child custody determination only if:

(1) this State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;

(2) a court of another state does not have jurisdiction under item (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under § 9.5-207 or § 9.5-208 of this subtitle.

In essence, if you have had primary physical custody of your child/children for more than 6 months prior to the other parent taking the child/children out of the current state, then you have the right to file for custody in your current state to ultimately attempt to force the other parent to return the child. If the other parent attempts to file for custody in another state, you first must file in your home state and then hire an attorney in the other state to file a motion under the Uniform Child Custody Jurisdiction and Enforcement Act to have the custody case in the other state dismissed. Or in the alternative to request a conference between your home state and the other state to determine which state has jurisdiction over the custody of your child/children.

This situation can be stressful and it is strongly advised to contact an attorney to help you navigate through this process.

Filed under child custody, family law, Maryland, Maryland attorney Tagged with , , ,

Quick Evictions in Maryland

January 26, 2012 5 Comments

It has come to my attention that there are national companies marketing on the internet that market towards landlords to help them evict their tenants. They have catchy names and logos to capture the imagination of prospective clients that this is an easy process.

This tactic and marketing strategy may be effective in other jurisdictions, however, here in Maryland, most evictions and tenant issues can be resolved by the litigants themselves without requiring attorney intervention. The District Court of Maryland hears the majority of landlord tenant disputes in Maryland. Some counties, specifically, Montgomery County has a separate Landlord Tenant Commission to help resolve disputes between landlords and tenants prior to filing in the District Court.

While many potential litigants, both landlords and tenants may feel overwhelmed by the process and uncomfortable going to court, attorneys can be a helpful resource. However, the District Court provides a web site with links to all the necessary forms and has frequently asked questions and answers available. Click on the following link to obtain all relevant information from the District Court. This site has links for forms and simple instructions on how to complete the forms.

http://www.courts.state.md.us/district/forms/civil/dccv082br.html

You may also click on this link (http://www.courts.state.md.us/district/dctcivforms.html )for access to all available forms from the District Court. Many can be downloaded in pdf format and typed on your computer and then printed while a few must be picked up for free from any District Court location.

 

Prior to filing a complaint, the court requires proof that any defendant is not in active military service. There is a link for the Department of Defense Manpower Data Center https://www.dmdc.osd.mil/appj/scra/scraHome.do
This website can help determine whether someone is currently in active military service or not.

 

In the State of Maryland, landlord’s can file actions in rent court, a subdivision of the District Court seeking to collect unpaid rent when tenants fail to pay rent and money for damages caused by tenants when they move out. Landlords may file a complaint for failure to pay rent or for breach of lease. Prior to filing a complaint, the landlord must provide written notice to the tenant to vacate the property.

Landlords must give 30 days notice (or 14 days if there is clear and imminent danger of the tenant or person who is on property doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property).

You must provide proof that each defendant has been served prior to a hearing being scheduled.

If you have questions regarding this process, please feel free to contact me or any other attorney or click on one of these high profile eviction companies. But remember that there is plenty of free information available from the Courts.

Filed under attorney, Baltimore City, Maryland, Baltimore County, Maryland, contract disputes, District Courts of Maryland, landlord tenant, Maryland, Maryland attorney, real estate law, tenants rights Tagged with , , , , , , ,

New Maryland No Fault Divorce Law effective October 1, 2011

August 1, 2011 9 Comments

 

 

Maryland currently has two “no-fault”

 

grounds for an absolute divorce: a mutual and

 

voluntary separation of one year, or a separation

 

of two years. As of October 1, 2011, the new

 

law eliminates voluntary separation as a ground

 

for absolute divorce and shortens the

 

period the parties must be living separate and apart

 

from two years to one year.

 

This is a major change in Maryland Divorce Law. It shortens

 

the time a spouse, who does not have an

 

agreement to separate or a fault ground for

 

divorce, has to wait for a divorce to one year

 

down from two years.

 

Maryland’s  no fault ground requires

 

that there be no sexual relations during the one

 

year separation and that both spouses live in separate

 

residences for the entire year.

 

 

 

Filed under attorney, divorce, Family Law, family law, Maryland, Maryland attorney, Maryland Circuit Courts Tagged with , , , , , , ,