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Thomas C. Valkenet

Thomas C. Valkenet

In the courts of Maryland and D.C.
  • Maritime Law, Business Law, Construction Law ...
  • District of Columbia, Maryland
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Biography

I am a 36 year veteran of the Maryland and District of Columbia court systems. There is little that would surprise us!

Education
University of Baltimore School of Law
J.D. | Law
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Saint Anselm College
B.A. | Political Science
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Publications
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
Professional Associations
Maryland Professionalism Center, Inc.
Instructor, Civil Litigation
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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.
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Jurisdictions Admitted to Practice
District of Columbia
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Maryland
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U.S. Supreme Court
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Fees
  • Free Consultation
Practice Areas
    Maritime Law
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Construction Law
    Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
    Insurance Defense
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Additional Practice Area
  • General Civil
Legal Answers
Q. 3 siblings inherit home 2 want to sell 1 doesn't. What are our options
A: The answer partly depends on what you mean by "inherit." More specifically, in whose name is the deed? That/those person(s) are the owners. If by "inherit" you mean a Will describes intention, but a new deed has not issued from the Estate, that is a different analysis.

Assuming there is a deed with all names, then either all must agree, or someone needs to obtain a court order directing the sale. It only takes one to demand a sale--Maryland law doesn't force unwilling partners to continue in business together.

Somewhere between filing a complaint and a court order there is ample opportunity for a negotiated settlement.
Q. In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?
A: You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract, either. The owner is willing to finance in order to avoid you applying to a legit lender whose underwriting standards would not allow a loan against a property with failed septic.

Do yourself a big favor, find another property or request that the seller fix the septic, show positive test results and a County/City issued Use & Occupancy Certificate. Why buy, move-in and then fight a possible condemnation or receivership action? If that happens, will the seller abate your obligations under the financing documents? No, they won't. They'll foreclose you out of the property. ... Read More
Q. sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?
A: Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The "quitclaim" approach is wrong and will not solve the problem.
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Websites & Blogs
Website
Website
Blog
Young & Valkenet Law Library
Contact & Map
600 Wyndhurst Avenue
Suite 230
Baltimore, MD 21210
Telephone: (410) 323-0900