Settlement on Your New House

Posted on by Horman Nichols, LLC

Written By: Andrew Nichols

Congratulations! Your offer has been accepted and you’re about to be a new homeowner.  One of the next steps is to pick a settlement date and pick a title company to hold the settlement.  Here are a couple of things to keep in mind about the settlement process.

Is it “Settlement” or “Closing”?

Chances are you’re going to hear the terms “settlement” and “closing” used by your agent and/or lender and you may wonder if they are different steps in the process.  When used in this context, they mean the same thing.  Settlement or closing is the last step in the process where among other things, you usually go to the title company’s office, sign a stack of documents and get your keys.  

How Long Will the Process Take?

The actual closing takes less than an hour, however, that’s usually the easy part.  Once your offer has been accepted, on average, it will take 30-45 days before you can go to closing.  This is an average, and the number can vary depending on the lender and other factors. 

What Does the Title Company Actually Do?

The title company makes sure the sale and purchase of the house goes smoothly.  This includes examining the title on the house you’re purchasing.  The title company will conduct a title search to make sure the property’s title is “clean.”  This means there are no liens, easements, unpaid taxes, judgments, etc., that impact the title.  The title company will also issue you title insurance.  

What is Title Insurance and Who Pays for It

Title insurance generally protects you against unknown or undiscovered defects in the title to the property.  A more comprehensive breakdown on title insurance can be found here. 

While the types of coverage required and who is required to pay for them can vary from state to state, in Maryland, lender’s title insurance is required and the homeowner’s title insurance is optional.  The new homeowner is required to pay for title insurance.

Who Picks the Title Company?

The buyer gets to pick who handles their closing.  While your agent or lender will often be happy to refer you to a title company, as the buyer in Maryland, you get to choose your title company.   

Horman Nichols is a Title Company

Horman Nichols is a title company and we handle commercial and residential real estate settlements.  While we are also a law firm, our prices to handle a settlement are no different than any other title company.  Our attorneys have been handling real estate settlements for decades.  Contact our office for questions about the real estate settlement process.

Divorce Court – Hearings, Orders, and Events

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter

One of the most daunting parts of a divorce case is understanding the different types of hearings, orders, and events that will occur while your case proceeds through the Circuit Court.  To provide some clarity, below are some of the most common types of hearings, orders, and events in family law cases:

Hearings

  • Scheduling Conference – This is often the first hearing in a divorce case.  No evidence or testimony is presented, but rather a Family Magistrate confers with the parties and their lawyers to determine which legal issues are in dispute, what resources are needed, and to schedule dates for the various hearings.
  • Pendente Lite Hearing – The Pendente Lite Hearing is much like a miniature trial.  Often lasting only a few hours, each party has an opportunity to present evidence and testimony before the presiding Family Magistrate, who will then make a recommendation to the Circuit Court Judge on an appropriate Pendente Lite Order.
  • Settlement Conference – A Settlement Conference is a non-evidentiary conference designed to give the parties the opportunity to try and settle their case.  Unlike mediation, a Settlement Conference generally occurs at the Circuit Court and typically involves a Judge or a Magistrate.
  • Pre-Trial Conference – A Pre-Trial Conference is the last hearing before the Merits Trial.  At the Pre-Trial Conference, the parties will have one last opportunity to try and resolve their case.  The Court will also review the parties’ Pre-Trial Statements and address any final matters before the trial.
  • Merits Trial – This is the “final trial,” which can take a full day or longer.  At the merits trial, each side will present evidence, call witnesses, and provide testimony intended to make their case before a Circuit Court Judge, who will provide a final decision.

Orders

  • Scheduling Order – This is the Order that the Court passes following a scheduling conference and includes the hearing dates decided upon at the Scheduling Conference as well as various other deadlines in the case.
  • Pendente Lite Order – A Pendente Lite Order is an Order which provides for temporary custody, visitation, child support, alimony, and use and possession of the family home and family use personal property while the case is pending.
  • Order for Mediation – This is an Order directing the parties to attend Mediation, a form of Alternate Dispute Resolution where a neutral third party (the mediator) helps the parties try and resolve their case, either in part or in full, on a temporary or a long-term basis.
  • Co-Parenting Education Order – This is an Order directing parents to attend an educational program which help teach separated or divorcing parents to work together to make decisions regarding their children. 
  • Other Orders – The Court can also issue Orders for a variety of other things, including orders which appoint attorneys to represent your children, orders which appoint custody evaluators or parenting coordinators, orders for mental health evaluations, orders to compel discovery, and orders for sanctions.

Other Events

  • Discovery – Discovery is the process by which each of the parties can ask the other parties to produce documents, answer written questions under oath, attend depositions, admit or deny factual allegations, or inspect property.  The discovery process is intended to help each side gather evidence, investigate and build its case, and learn what evidence and information other parties may have.  Subpoenas may also be used.
  • Mediation – Mediation is a form of Alternative Dispute Resolution (ADR) in which the parties (and their attorneys, if applicable) meet with a neutral third party (the mediator) to try and resolve their case.  The mediator is trained in methods to help opposing parties reach a compromise, and often acts as the messenger, bringing each side’s settlement offer to the other.
  • Arbitration – In some cases, parties to a divorce may agree to arbitrate the financial aspects of their divorce.  Arbitration is another form of Alternative Dispute Resolution (ADR) where disputes are submitted to a neutral decision-maker called an “arbitrator.”  These proceedings are more informal than a court proceeding but can also be more cost effective.
  • Protective Order Cases – If you or your children should ever find yourselves the victims of domestic violence/intimate partner violence or child abuse, filing a Petition for Relief from Abuse (also called a Petition for Protective Order) is a way to initiate emergency proceedings for a Protective Order.  Protective Order cases are independent two-to-three hearing cases intended to provide civil protection and relief for victims of abuse.

If you have been served divorce papers, are contemplating filing for divorce, or need more information, give us a call at 301-663-8101.

4 Things to Know When Getting Divorced

Posted on by Horman Nichols, LLC

Written By: Trevor Addie-Carter

Divorce is complicated, both emotionally and legally.  Emotionally, the divorce process is stressful and can come with strong emotions about yourself, your partner, your marriage, and the divorce process.  Legally, there are multiple different stages and decision-makers involved, which can feel overwhelming.   Here are 4 things you should know about the divorce process.

  • You will experience strong emotions – Divorce is defined as the legal dissolution of a marriage.  Divorce cases themselves focus on the family relationship, often explore matters that you and your spouse may or may not have shared with others and will do so in front of lawyers and judges whom you may have never met before.  You will very likely experience strong emotions, and that is okay.  It is also okay to seek counseling if you feel you need help processing or managing these emotions.
  • You will need to understand your finances – In cases where child support or alimony are requested, you will need to have a firm understanding of your finances, including your income, your expenses, your assets, and your liabilities.  Even without child support or alimony, divorce means you will likely be going from a two-income household to a one-income household.  A strong understanding of your finances will help you to budget for the future.
  • Family Law cases have multiple stages – From the initial Complaint for Divorce to the final Judgment of Divorce, a Family Law case may have multiple stages and hearings.  These could include a Scheduling Conference, at which the Court reviews the initial filings and sets dates for hearings; a Pendente Lite Hearing, at which a Family Magistrate holds a hearing to make recommendations for a temporary order while the case proceeds through the system; and a Settlement Conference, where the parties discuss settlement.  You may also be ordered to attend Mediation and will likely have to request and produce discovery.
  • Family Law cases also have multiple actors – Aside from the Circuit Court Judge and Family Magistrate, there are multiple other actors that may be involved in your case.  Depending on the legal issues presented, your case may also involve Mediators, Parenting Coordinators, Custody Evaluators, mental health professionals, and attorneys who represent the parties’ children.

Divorce can easily become overwhelming, but it doesn’t have to be.  A strong support network, advanced financial planning, and a law firm with a deep understanding of family law can help.  

If you have any questions, are contemplating divorce, or have been served with divorce papers, please contact us through our website or call our office at 301.663.8101.

That Time I Rear-Ended a Sheriff

Posted on by Horman Nichols, LLC

What to do after getting into a car accident, even a fender bender with a Deputy Sheriff.

Written By: Andy Nichols

If you’ve been involved in a car accident, even a minor one, you know it’s a bad experience.  You know what makes a bad experience worse?  When you rear-end a car in traffic and a police officer in uniform steps out of the car you just hit.  Your stress level goes through the roof.  You begin to wonder if you paid that last parking ticket you got downtown, you hope your headlights are all working correctly and you begin to think who your one phone call from jail will be.  

This happened to me.  We were in bumper-to-bumper traffic and I looked down at the radio display, looked up and traffic was stopped.  I couldn’t stop in time and I bumped the Toyota in front of me.  Imagine my response when a deputy sheriff stepped out of the Toyota.  Thankfully, the deputy I hit could not have been nicer.  We pulled over into a parking lot, made sure everyone was okay, exchanged information and went our respective ways.  

It is worth noting that in Maryland, if you get into a car accident and your vehicles are able to be driven, you can move them off the roadway.  If you need to take pictures to memorialize where the vehicles were respective to road signs, lanes of travel, etc., do so, but once you’ve done that, you can move your vehicles.  Not only will your fellow commuters and drivers thank you, for obvious reasons, it’s the safe thing to do.  

While even minor accidents are stressful, here are a few tips to help reduce that stress.  

If you think you may be at fault:

(1) take pictures of the other vehicle(s) to document property damage, particularly if it’s minor.  

(2) Call your insurance company on the spot if you can.  This allows the insurance company the opportunity to speak with the other driver and document any injuries they may be claiming and whether or not they were alone in the vehicle or had passengers.  

(3) Don’t admit fault.  Even if you think you’re at fault, there may be circumstances you’re not aware of at that time that may shift some or all of the liability to another person. 

If you believe the other party is at fault:

(1) Take pictures of the other driver’s license plate, vehicle, driver’s license and insurance card.  Call the other driver’s cell phone immediately and make sure it rings to the phone they have.  This a is great way to make sure you’ve got the number stored. 

 (2) Call their insurance company on the spot because this allows you to confirm they have insurance coverage.  

(3) Even if you’re not feeling any injuries, be very careful how you word a response if someone asks you if you’re injured.  Don’t lie, but consider saying, “I’m not feeling anything right now.”  

Be safe and don’t drive distracted!

Dog Bite Cases in Maryland

Posted on by Horman Nichols, LLC

We all love dogs. Well, most of us. Occasionally, dogs can be aggressive and that aggression can turn into a bite. When looking at Duncan the thought seems impossible, but it does happen. Here are the important facts you need to know if you are involved in an incident where a dog has been aggressive.

  1. In Maryland, dog bite cases are fact specific.
  2. Maryland also has a rebuttable presumption that the owner of the dog should know their dog’s disposition.
  3. Has the dog bitten someone in the past? An owner should know about previous bites, however, in the state of Maryland there does not need to be evidence of a previous bite to prove aggression.
  4. Did the individual who was bitten provoke the dog in any way? Dog can bite as a result of being scared or startled.
  5. What is the status of the individual on the property? Is this someone who was invited or are they trespassing?