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Old 09-24-2013, 06:03 PM   #41
lvlpyl1
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Thank you so much Friend in Court you are the only one that gave me some hope. I was going to see a bankruptcy attorney tomorrow. Would they be able to help or do I need the lawyer you recommend? This Sheriff is hard core wanting to auction off our home. We tried to file the exemptions and the judge in Charles County, MD denied my request stating this is for bankruptcy only. Also I don't have any value in my home. We are upside down about $120k. All just filed a Motion request to stop enforcement of the writ of execution to levy property subject to MD statue 11-603. But I'm not sure this would be granted. Do you know any good lawyers in MD that you mentioned we need. Thank you and god bless!
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Old 09-24-2013, 06:31 PM   #42
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Default Re: Quit Claim Deed & Taxes - Maryland

For the edification of anyone reading this, short sales are ANY sale of real property that nets less than the lien. The lien can be a mortgage, a combination of a mortgage and another judgment lien, or just a judgment lien.
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Old 09-24-2013, 07:11 PM   #43
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But can someone please, please let me know if they can force to sale off my spouse interest in our home? The debit is mine only.




QUOTE=130smartchick;319329]For the edification of anyone reading this, short sales are ANY sale of real property that nets less than the lien. The lien can be a mortgage, a combination of a mortgage and another judgment lien, or just a judgment lien.[/QUOTE]
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Old 09-25-2013, 12:48 AM   #44
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Default Re: Quit Claim Deed & Taxes - Maryland

Just as the Sheriff told you, changing the title on the asset AFTER the fact it's too late.

Also in MD the lien remains for 12 years, despite transfer of title.
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Old 09-25-2013, 10:02 AM   #45
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Okay I know this! This was not my question




Quote:
Originally Posted by goddessoflubboc View Post
Just as the Sheriff told you, changing the title on the asset AFTER the fact it's too late.

Also in MD the lien remains for 12 years, despite transfer of title.
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Old 09-25-2013, 11:02 AM   #46
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Default Re: Quit Claim Deed & Taxes - Maryland

They can levy against the debtors interest only.

b. The Sheriff then levies on the property pursuant to Md. Rule 2-642(b).
i. Lien does not attach to personal property until levied upon. C&JP § 11-403.
ii. A levy is effective as long as the judgment is outstanding (12 years unless refilled).
iii. Sheriff files a “return” stating what he levied on in the county of the property & the county of the judgment. Md. Rule 2-642(d) " (e).
iv. Levy only attaches for 120 days.
c. A levy may be released: Md. Rule 2-643
i. On satisfaction;
ii. On posting bond;
iii. Upon motion of the Debtor (that the judgment is vacated, expired, satisfied, exempt or the creditor has done something wrong);
iv. Upon election of exemption; or
v. Due to claim of a third person.
3. Attaching Property:
a. T/E and Joint Tennancy:
i. If the property is held in joint tenancy, the lien must be levied before the lien attaches. East Shore v. Bank of Sommerset, 253 Md. 525 (1969).
ii. Levying severs the joint tenancy, creating a levy on the judgment debtor’s interest in the property as a tenant in common.
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Old 09-25-2013, 11:13 AM   #47
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Default Re: Quit Claim Deed & Taxes - Maryland

Okay silly woman. If you want the actual law, refer to the Maryland Uniform Fraudulent Conveyance Act.

"title to assets conveyed to a third party for the purpose of placing such assets beyond the reach of creditors is fraudulent."
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Old 09-25-2013, 04:49 PM   #48
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Bite me! No one commented no DAMN fraud!



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Originally Posted by Disagreeable View Post
Okay silly woman. If you want the actual law, refer to the Maryland Uniform Fraudulent Conveyance Act.

"title to assets conveyed to a third party for the purpose of placing such assets beyond the reach of creditors is fraudulent."
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Old 09-25-2013, 05:15 PM   #49
lvlpyl1
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Thank you!




QUOTE=goddessoflubboc;319408]They can levy against the debtors interest only.

b. The Sheriff then levies on the property pursuant to Md. Rule 2-642(b).
i. Lien does not attach to personal property until levied upon. C&JP § 11-403.
ii. A levy is effective as long as the judgment is outstanding (12 years unless refilled).
iii. Sheriff files a “return” stating what he levied on in the county of the property & the county of the judgment. Md. Rule 2-642(d) " (e).
iv. Levy only attaches for 120 days.
c. A levy may be released: Md. Rule 2-643
i. On satisfaction;
ii. On posting bond;
iii. Upon motion of the Debtor (that the judgment is vacated, expired, satisfied, exempt or the creditor has done something wrong);
iv. Upon election of exemption; or
v. Due to claim of a third person.
3. Attaching Property:
a. T/E and Joint Tennancy:
i. If the property is held in joint tenancy, the lien must be levied before the lien attaches. East Shore v. Bank of Sommerset, 253 Md. 525 (1969).
ii. Levying severs the joint tenancy, creating a levy on the judgment debtor’s interest in the property as a tenant in common.[/QUOTE]
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Old 04-03-2019, 03:29 AM   #50
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Default Re: Quit Claim Deed & Taxes - Maryland

Great discussion.
Gave me a few good ideas. I'll try to report back how it goes.
My situation is virtually identical.

I appreciate all the time people spent on this!
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