Claimed Lawyer ProfileQ&A
I am a 30 year veteran of the Maryland and District of Columbia court systems.
- Business Law
- Construction Law
- Insurance Defense
- Maritime Law
- Real Estate Law
Additional Practice Area
- General Civil
Jurisdictions Admitted to Practice
- District of Columbia
- U.S. Supreme Court
- University of Baltimore School of Law
- J.D. | Law
- Saint Anselm College
- B.A. | Political Science
- Maryland Professionalism Center, Inc.
- Instructor, Civil Litigation
- Activities: Newly admitted lawyers in Maryland must attend a course on Professionalism and ethics. Thomas is an instructor on civility and professionalism in civil litigation.
Articles & Publications
- Bow-riding, a reckless practice and already illegal in Maryland.
- Linkedin- Thomas C. Valkenet
- Trial Reporter, "The Limited Appearance in Maryland Civil Litigation"
- The Maryland Association for Justice
Websites & Blogs
- Young & Valkenet Law Library
- Your broken contract may limit your recovery.
17 November 2019
- Google is not your lawyer!
14 November 2019
- Justice can be yours.
14 October 2019
- It's a rebirth, a renaissance!
25 September 2019
- Add Young & Valkenet to your litigation team.
30 August 2019
- A duty of candor applies in tax sale cases foreclosing rights of redemption.
14 August 2019
- Let our lawyers surf your court case.
14 August 2019
- Civil Litigation is a Roller Coaster!
6 March 2019
- The February 22, 2019 Manafort District of Columbia sentencing memo
23 February 2019
127 Questions Answered
- Q. Can I keep the house after my mother died. I was living with her. The only other heir is my sister. She was not married.
- A: The just debts of the decedent must be paid out of assets of the Estate, before distribution to the heirs. So, the house must be sold or refinanced to pay off the credit card debt. This can be wrapped in with the sister disclaiming her interest (if she doesn't want the value of her interest), otherwise she will be entitled to the money value of her interest in the net estate (after payment of the estate expenses and taxes). You really, really should engage counsel to review all your documents and facts. Answers on this website cannot possibly give you advice to rely upon for your complex situation.
- Q. Does title insurance cover improperly subdivision Issues with the county on a piece of property.
- A: It may. But the specific facts of your transaction are essential to any lawyer giving you a coverage determination. How you frame your title policy claim is important, as an improperly worded demand for coverage could result in a denial that is tough to overcome. If you are in active litigation, share a copy of the complaint giving rise to your claim with the insurer immediately.
- Q. Is it unlawful in MD to keep a deposit on an "as is" property sale if you fail to disclose a known structural defect?
- A: Perhaps, it depends on all the circumstances and the reason for termination of the contract. Of course, whether it is legal or not really depends on the willingness to pursue recover. Your standard MAR contract has mandatory mediation within the first year. And you must also consider the broker language that might trigger entitlement to a commission for a deal that simply did not settle. On your next contract it is important to strip the self-serving broker language out-- it only serves the broker's interests and not the clients.
- Q. My home was foreclosed in july 2019. The home was owned by me and a co-owner. The deed was titled as tenants in common.
- A: If you mean that the foreclosing bank generated a surplus from the subsequent sale out of foreclosure, then you must make claim for the surplus that has been deposited with the tax collector. Your co-owner may also make a claim, and the two of you may negotiate, agree or fight over the split. The court will be the final decision maker.
- Q. Since I owe a large sum on my house; when I die, can my adult children just 'give the keys' to the mortgage company ?
- A: Assuming you are the only name on the deed, the house becomes "property of the estate" upon your death. Your "just debts" must be paid out of the assets in the estate, and that includes the mortgage. Your heirs may be able to refinance the mortgage so the house is not sold to a third-party. Mortgage companies are not in the practice of taking keys-- they don't want to own property.
- Q. I am in MD state. If i break my lease am i responsible for the remaining balance of rent if a tenant is in the appartmen
- A: If you signed the current lease, the landlord can make claim on you. You can then make claim for a portion of that amount against your former roommate. If you have vacated and the new tenant replaced you, with a new lease, then the landlord cannot make a double recovery. You may still be responsible for damages, gaps in rent, and you may have a fight on your hand to recover all or some of your deposit.
- Q. Can Can You Quiet Title A Estate Estate / Property With No No mortgage / Lease.. && Not Regarding Adverse Prosession
- A: Yes. A quiet title action may be brought to address any dispute over interests in real property. Adverse possession is only one of many potential disputes. You may also couple many equitable claims with demands for money damages and injunctive relief, negative and affirmative.
- Q. Does a seller have to complete and provide a property disclosure form for a renovated home that they did not reside in?
- A: Yes. Of course, the seller can also disclaim knowledge of anything by stating "as-is." The question as to actual knowledge of latent defects is the most important, however.
- Q. Can a primary borrower divest all interest in a property when they are not on the deed?
- A: If you are not on the deed, then you don't have an interest in the real property. You can remain liable for the loan if you have signed the promissory note or deed of trust as a borrower/guarantor.
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