Thomas C. Valkenet

Thomas C. Valkenet

In the courts of Maryland and D.C.
  • Business Law, Construction Law, Insurance Defense...
  • District of Columbia, Maryland
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Summary

I am a 30 year veteran of the Maryland and District of Columbia court systems.

Practice Areas
  • Business Law
  • Construction Law
  • Insurance Defense
  • Maritime Law
  • Real Estate Law
Additional Practice Area
  • General Civil
Jurisdictions Admitted to Practice
District of Columbia
Maryland
U.S. Supreme Court
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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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.
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
Legal Answers
123 Questions Answered

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.
Q. Is there a Maryland law that indicates home sellers must cover cost to fix septic or well?
A: This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item is not addressed to their satisfaction. Similarly, the seller may have the right to cancel if the cost is too great.
Q. Great grandmother's property going into lien foreclosure in 2 wks. If I pay taxes, can I sell the property.
A: You can pay, but you will be deemed a volunteer, which means nobody will have to pay you back. Your course of action is through the probate proceeding to replace the old personal representative, who failed to have the prior deed recorded, or to safe guard estate property. You may, or may not be appointed successor. Yours is not an unusual situation, except that you have also described an attorney who may have failed to act.
Q. Is it worth pursuing a buyer who defaulted on a residential sale 2 days before closing after removing all contingencies?
A: This is a very common situation. Buyers can elect to break a contract. The question is whether there is a penalty. In your situation, you may elect recovery of the EMD or a suit for specific performance. Your contract certainly has mandatory mediation as predicate for a lawsuit for damages, but that mediation is not necessary predicate for specific performance. You must also consider that the broker will claim commission on the enforced sale. This is a rough outline, which can change dependent on the exact language of your various contract documents and written communications.
Q. I just became aware that my Siblings forged my name on a deed of a in 2007. I am unsure re SOL.
A: You must sue to have the deed declared void. Now that you have discovered the forgery, you have limited time.
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Contact & Map
600 Wyndhurst Avenue
Suite 230
Baltimore, MD 21210
USA
Telephone: (410) 323-0900