Mark Oakley

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

• Free Consultation
• Credit Cards Accepted
  Visa, MasterCard, Discover
• Contingent Fees
  I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

University of Maryland - Baltimore

J.D. (1987) | Law

1984 - 1987

University of Maryland - College Park

B.A. (1984) | English

1980 - 1984

District of Columbia Bar

Member

1989 - Current

Maryland State Bar Association

Member

1988 - Current

Bar Association of Montgomery County

Member

1988 - Current

Q. The police are saying I am stalking them and following them on different calls and talked to my mom at our house

November 12, 2024

A: I suggest you contact a criminal defense lawyer and discuss this matter, and your conection to it, off-line and in private. Do not post any other facts on this public forum or you risk disclosing incriminating information if, in fact, you are behind any of the activities described by the police. There is no way for anyone reading the description you have provided to give you any more guidance, beyond the fact that you and/or your twin brother are suspects in a potential crime. Wheter you are in fact facing actual criminal jeopardy is unclear. Now is the time to consult a lawyer.

Q. Do you all prepare legal deeds? I want to assume the loan to my late father's home and need a drafted deed

November 11, 2024

A: The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the direct line of succession to the deceased owner--their child, for instance, so you qualify--to take title to the home as part of the estate distribution of assets, and the mortgage continues the same as it always has, so long as the new owner who inherited the home pays the mortgage payments. The estate Personal Representative signs a deed on behalf of your father's estate tranfering title to you. It gets recorded, and then you provide that information to the mortgage company, which will direct all mortgage statements to you as the new owner. You do not personally "assume" the mortgage. Assuming a mortgage makes you personally liable on the loan. You are not doing that when you inherit the property. You become the deeded owner of the property, which is subject to the existing lien of the mortgage. The mortgage lender can still foreclose against the property if you fail to pay the loan, but they cannot sue you personally for the balance due. This is better than assuming the mortgage. You get to own the property, and keep paying the mortgage, but have no personal liability. You can, if you choose, refinance the mortgage by getting a new mortgage that pays the old one off, perhaps in order to cash out more money from the equity in the house, and keep the extra for renovations or other purposes, but of course your new mortgage will be larger, and you would then be personally liable on the loan.

If you are not the sole heir to your father's house, then you will have to work out an agreement with the other heirs entitled to a share of the house. ... Read More

Q. Can I have my husband removed from the house if it is both our names, he refuses to work, he is verbally abusive

November 11, 2024

A: It is possible to do so as part of your divorce, but that would be up to the judge after trial unless the two of you agree to remove him from the deed as part of a settlement of your divorce and all property and support issues. Ordinarily, the marital home is either bought out by one spouse paying the other their equity share, or by transferring other marital assets to the other spouse equal to their equity share in the home; or the home is sold and the proceeds split. When there are minor children involved, the parent having primary custody can be awarded up to three years "use and possession" of the marital home following the divorce, after which it would be sold, or the parties sign an agreement regarding this (e.g., 2 years use and possession, followed by one spouse having right to refinance and buyout the other within a stated time period). What you need to do is discuss your marital situation with a lawyer and educate yourself on what you can realistically expect in terms of a property settlement or division of assets, agreed or contested, as well as alimony, maintenance, child support and custody issues. Absent an agreement by your spouse, the only way to force the issue is through the courts, and you may or may not get the result you want. ... Read More