Legal Question in Credit and Debt Law in Maryland

Re: non-patment suit levied against homeowner for lack of payment

This question is more proper to the real estate or litigation sections of lawguru. Nonetheless I will provide an answer.

Your matter involves contract issues. Much of the procedural questions that you raise should be addressed through discovery. You really need to know the answers to the facts that you are questioning before you bring them before the court. The issue here is to not ask a question in court on direct examination unless you are absolutely sure of the response and thereby you do not allow cross examination to open issues that were not predictable. As to cross examination, you need these answers to properly inquire and bear out the "facts" before the tribunal. Essentially what I am saying is that you are attempting to do something that it appears you are not prepared to accomplish. Your efforts may essentially backfire and you could be in a worse situation due to improper planning and a poor approach.

This matter involves several contractual matters that may be of moderate to high complexity. You really need a trained eye to review the issues and identify your course of action. There is an apparent issue with the brokerage contracts in that both are in opposition to each other. Factual matters need to be distinguished on the basis of the contractual language and relations. Moreover, you assert that there is evidence that may ultimately resolve the issue. This evidence, however, needs to be carefully considered in terms of presentation, if at all, during a trial. You certainly may cross examine a witness of your advesary but there are limitations as to how far this will be allowed. You need to know how to interpose a basis to defend against an objection that may be raised as to cross examination.

Exhibits are allowed where you have a basis for their admission (e.g., a testifying witness). Otherwise the use of exhibits may apply to summation or opening arguement. In making this statement my response is qualified to the layman's use of the word "exhibits". Exhibits can be other than illustrative forms of communication that otherwise distill or represent facts that are in contest. Exhibits can be paper documents that, in the context of your case, may be the very essence of the matter in dispute. These types of exhibits need to be filed beforehand, that is you cannot spring them on the court. Again I assert that it may or may not be of benefit to present paper documents (i.e., contracts) unless you are certain of the legal effect and whether the introduction of this evidence is beneficial to your cause.

My best advice is that this matter appears to require the assistance of legal counsel. Speak to an attorney.