Author: JGL Law

Major changes have reshaped how custody cases are decided in Maryland. In this episode of JGL LAW FOR YOU, attorneys David Bulitt and Christopher Castellano unpack newly enacted House Bill 1191, which establishes 16 key factors courts must now consider when determining what legal and physical custody arrangement is in the best interest of a child. They discuss how these rules create greater uniformity and what parents need to know when preparing for a custody case or modification. Whether you’re facing a potential custody dispute or simply want to understand Maryland’s evolving family law landscape, this episode offers essential insights and practical guidance.

Bethesda Magazine has recognized four attorneys from Joseph, Greenwald & Laake (JGL) on its Top Attorneys 2025 list.

To compile the list, the magazine surveyed attorneys who practice in Montgomery County, asking whom they would trust to represent them if they needed legal counsel. The publication received more than 2,700 nominations and ultimately selected 299 attorneys across a variety of practice areas for inclusion on this year’s list.

The following JGL attorneys were named to the list:

• Valerie Grove – Medical Negligence
• Jay Holland – Employment – Employee
• Timothy Maloney – Appellate and Civil Litigation
• Steven Pavsner – Medical Negligence

Children are more than twice as likely to be struck by a car and killed on Halloween than on any other day of the year.

On the 31^st of October each year, millions and millions of children in the United States celebrate Halloween by walking door to door in their neighborhoods collecting candy from neighbors.

Halloween is an enjoyable time of year; however, it poses significant risks when it comes to pedestrian accidents in Maryland, Virginia, and the District. While following safety tips helps keep young trick-or-treaters safe, injuries can still happen.

Most pedestrian fatalities on Halloween take place between 5:00 and 9:00 p.m. The riskiest hour is between 6:00 and 7:00 p.m. as the sun sets and increasing darkness overlaps with children being out on the street.

October is designated National Pedestrian Safety Month by the National Highway Traffic Safety Administration (NHTSA). Especially during this time of year, it is critical for drivers to be alert for pedestrians and cyclists. According to NHTSA, in the United States, 7,314 pedestrians were killed in traffic crashes in 2023, a 4% decrease from the 7,593 pedestrian fatalities in 2022.

Halloween Specific Factors Influencing the Risks

Halloween activities occur at dusk, masks restrict peripheral vision, costumes limit visibility, street-crossing safety is neglected, and partygoers who are behind the wheel are impaired by alcohol, leading to Halloween being the most unsafe time of the year for children on our streets.

Weekend vs. Weekday

Friday is the deadliest day for Halloween, with 22% more fatal crashes compared to an average Friday. Halloween car accident statistics show the most dangerous days are also Tuesdays (2nd), Sundays (3rd), and Thursdays (4th).

While there is an increase in fatal crashes happening on Halloween nights versus those nights in general, the weekdays are incredibly more dangerous than the weekend.

Day of the Week	Avg. Daily  Fatal Crashes*	Fatal Crash Difference (+/-)	Fatal Crash Difference (%)
Monday-Friday	1,690	+275	16.3%
Saturday-Sunday	686	+36	5.3%
* Based on corresponding day of the week (Saturday, Monday, etc.) fatal crash average

Things to Remember

• 18% of the people who die in fatal crashes on Halloween are children.
• Pedestrians have a 50% higher chance of dying on Halloween than on the average day.
• Weekday Halloweens have 11% more fatal crashes than weekend Halloweens.
• Over 149,000 Americans signed a petition to permanently move Halloween to Saturday.

Statistics sourced from Auto Insurance.org.

Safety from the National and State Level

Multiple factors influence these numbers, including broad public awareness of Halloween, parental supervision of younger children, and improved safety practices. Halloween highlights the deficiencies on our roads, such as a lack of sidewalks, unsafe street crossings, insufficient areas for children to play in neighborhoods, and failure in traffic and automobile safety, such as excessive speed and alcohol. National Safety Council.

Event-specific interventions to prevent child fatalities include:

• Traffic calming and automated speed enforcement
• Improving pedestrian visibility by limiting on-street parking and incorporating reflective patches into clothing
• Improved media programs highlighting the dangers.

More cities have been designating traffic-free zones for Halloween night, barring cars entirely in a fresh sign the so-called “open,” “slow,” or “shared” streets programs.

Safety Tips for Parents

The state of Maryland offers these Halloween safety tips:

• Choose a costume that won’t cause safety hazards; check to be sure all costumes, wigs, and accessories are fire-resistant.
• Fasten reflective tape to costumes and bags, or give children glow sticks.
• Opt for nontoxic Halloween makeup instead of masks that can obscure vision; for makeup, always test a small area first to see if any irritation develops.
• Have a responsible adult accompany young children on the neighborhood rounds.
• If older children are going out alone, plan and review a route that is acceptable to you.
• Agree on a specific time children should return home.
• Instruct children to travel on and in familiar, well-lit areas and stay with their friends.

Safety Tips for Motorists

The National Safety Council offers these additional safety tips for parents – and anyone who plans to be on the road during trick-or-treat hours. Halloween Safety- National Safety Council

Watch for children walking on roadways, medians, and curbs.

• Enter and exit driveways and alleys carefully.
• At twilight and later in the evening, watch for children in dark clothing.
• Discourage new and inexperienced drivers from driving on Halloween.

Maryland and Virginia Are Contributory Negligence States

The contributory negligence rule can significantly affect the outcome of personal injury claims. From the perspective of a pedestrian, this means that if the pedestrian is found to be even 1% at fault for the accident, they may be completely barred from recovering damages, regardless of how much fault lies with the other party. This could mean the difference between a successful claim and a complete dismissal.

If a pedestrian crosses the street outside of a crosswalk and is struck by a vehicle, even if the driver was distracted or speeding, the fault of the pedestrian for failure to cross at the designated crosswalk might be considered enough to bar them from any compensation.

Speak to an Experienced Pedestrian Law Attorney

You can protect your legal rights and those of your children. Experienced attorneys know how to get you fair compensation if you are injured in a pedestrian accident in Maryland, Virginia or the District of Columbia.

Get the facts. Get educated.

Joseph Greenwald & Laake is pleased to announce that five of our attorneys have been recognized by Benchmark Litigation USA based on feedback from their clients and peers, strong case records and up-and-coming reputations.

Four attorneys received the “Litigation Star” ranking, acknowledging strong case records, positive client feedback and high esteem from their peers:

• Principal Timothy Maloney was previously ranked and has extensive experience with civil and criminal cases.
• Principal Jay Holland practices employment and qui tam litigation. This is his first year being ranked.
• Principal Brian Markovitz, ranked for the first time this year, has experience throughout the country with employment litigation and whistleblower cases.
• Principal Matthew Bryant, also ranked for the first time, practices civil rights and fiduciary litigation.

Principal Veronica Nannis has been recognized as a “Future Star,” highlighting her as one to watch for her leadership and experience in qui tam and fraud litigation.

The Benchmark Litigation USA guide is published by Benchmark Litigation, a globally respected law firm and lawyer ranking publication. These rankings are based on extensive interviews with lawyers, dispute resolution specialists and clients, as well as an analysis of significant cases and firm developments.

Veronica Nannis, principal in the firm’s False Claims Act and Civil Litigation departments, will moderate the session “Litigating False Claims Act Cases” at the Taxpayers Against Fraud (TAF) Coalition’s 25th Annual Conference, taking place November 5–7, 2025, in Washington, DC. JGL is a sponsor this year’s conference, which brings together leading voices in the fight against fraud on the government.

As a member of the TAF Coalition Conference Committee, Veronica brings her deep litigation experience and commitment to whistleblower advocacy to this highly anticipated session. The panel will explore the evolving landscape of FCA litigation, sharing practical insights on discovery disputes, motion practice, and managing complex factual records—critical tools for both seasoned and new FCA litigators.

The TAF Coalition is a public interest, non-profit organization dedicated to defending and empowering whistleblowers who expose fraud on the government and the financial markets.

By Gia Grimm and Karan Manohar

In an era where technology is woven into nearly every part of daily life, consumers often share personal information without realizing the full scope of what is being collected. In fact, a recent 2023 Pew Study confirmed that a staggering 67 % of consumers have little to no understanding about what companies are doing with their personal data. Therefore, in an effort to protect consumers and hold businesses accountable, the Maryland General Assembly passed, and Governor Moore signed, the Maryland Online Data Privacy Act (“MODPA”) in May 2024. MODPA puts the power back into the consumers’ hands by establishing meaningful protections over personal data and holding businesses accountable for responsibly maintaining consumer data.

MODPA goes into effect October 1, 2025, but only applies to companies’ personal data processing activities occurring after April 2026. The six-month delay between the implementation of MODPA going into effect and affecting businesses is given to provide businesses with a grace period to review and adjust their data practices, thereby ensuring a smoother transition for compliance with MODPA. Businesses that either operate within Maryland or target Maryland residents and who process the personal data of at least 35,000 Maryland residents annually or process the data of at least 10,000 Maryland residents and derive more than 20% of their gross revenue from the sale of personal data must comply with MODPA. Business engaging in e-commerce and retailers that collect names, addresses, and payment information are among the types that would need to comply with MODPA. Subscription services businesses, like streaming platforms, that keep consumer login, billing, or preference details must also comply with MODPA.

MODPA establishes affirmative rights for consumers. Consumers will now have more control over how their personal data is used, processed, and maintained. For example, MODPA now requires businesses to provide consumers with access to copies of their retained personal data, if the consumer requests it. Consumers also now have the rights to correct inaccuracies within their personal data and can opt out of having their personal data processed and used for targeted advertising. This means that consumers can now refuse to permit companies to use their personal information to show them targeted ads based on their browsing history, interests, or other personal data.

It is critical that businesses prepare now. Businesses should first determine if they are governed by MODPA, and if so, establish an implementation plan to comply with MODPA’s requirements before enforcement occurs on April 1, 2026. As a result of MODPA going into effect:

1. Businesses are now limited to collecting only data that is “strictly necessary.” Although “strictly necessary” is not defined, MODPA states that data collected must be proportional to what is needed to maintain a specific product or service requested by the consumer.
2. Businesses are required to notify consumers if the usage or sharing of their consumer data changes. The notification must be in a manner that enables consumers to access, correct, delete, or opt out of the new use of their personal data.
3. Businesses must update their privacy risk assessments regarding sensitive protected information processes to comply with MODPA. In other words, businesses should be prepared to document all of their current uses of sensitive protected information and also train teams on how to handle this information in a way that complies with MODPA.
4. Businesses will now be banned from selling sensitive data related to a consumer’s racial or ethnic background, religious beliefs, sexual orientation, citizenship or immigration status. In fact, businesses are only permitted to collect and process sensitive data when it is strictly necessary to provide a product or service requested by the consumer.
5. Businesses must identify third party risks when dealing with sensitive protected information. In other words, businesses should review contracts with third parties to ensure that the sale of sensitive protected information aligns with MODPA’s requirements.

As a result of these new protections, businesses will likely need to adjust or update their policies to ensure compliance. Failure to comply could result in fines up to $10,000 per violation and $25,000 for repeated violations. Businesses are given some leeway and have up to sixty (60) days to rectify violations at the Maryland Office ATTY ETC’s discretion, but only until April 1, 2027.

MODPA represents a landmark step in consumer data protection and gives Maryland residents clear, enforceable rights while imposing stringent obligations on businesses. As this law takes effect on October 1, 2025, businesses should act now to review practices, assess risks, and implement systems that safeguard consumer information. By prioritizing transparency and accountability, MODPA transforms the collection of personal data from a largely unregulated commodity into a protected consumer asset. At Joseph Greenwald & Laake, we handle consumer law and data litigation matters of all kinds. If you have any questions about your rights as a consumer or obligations as a business owner, you should contact our experienced legal counsel to discuss your rights and available options.

Christopher Castellano has been named to The Daily Record’s 2025 Family Law Power List.

Selected by the publication’s editorial team, with input from knowledgeable members of the community, the attorneys on the list are among the most influential and respected family law practitioners in Maryland. 

A principal at JGL, Chris focuses his practice on both uncontested and contested family law matters, guiding clients through every stage with compassion and strategic insight. He helps identify potential risks early and develops practical solutions to mitigate those risks and protect his clients’ interests. Chris has experience handling a wide range of issues, including prenuptial and post-nuptial agreements, separation agreements, divorce, marital property division, business valuations, custody and visitation, spousal and child support, and post-judgment modifications.

Learn more about Chris and his practice.

At least 3,336 people died in police car chases in the U.S. between 2017 and 2022, including at least five individuals in DC. Black people are killed in police chases at a rate four times that of white drivers.

Since August 14, 2025, there have been 28 federal police chases in Washington, DC. Park Police officers have been part of 22 of these chases, 18 of which resulted in crashes. The pursuits began as traffic stops for nonviolent offenses.

In 2022, the District of Columbia passed the D.C. Comprehensive Policing and Justice Reform Amendment Act of 2022, a bill to protect the safety of motorists, pedestrians, and cyclists, by changing the rules for vehicular pursuits by police officers.

Today, the policy has been revoked. What changed and how did we get here?

In October 2020, a man was driving a rental scooter without a helmet on the sidewalk in the 400 block of Kennedy Street in DC when two separate DC police cars attempted to stop him. When the man continued driving, the police officers switched on the lights in their vehicles and began a three-minute pursuit through neighborhood streets, in the presence of pedestrians and other vehicles. The pursuit at times reached speeds of 45 miles per hour, while driving the wrong way on one-way streets and through seven stop signs, witnesses said. After a chase covering 10 blocks, the driver of the scooter attempted to exit out of an alley on the 700 block of Kennedy Street when he was struck by another driver, later dying at the hospital.

At the time of the crash, police policy forbade pursuit of a vehicle if the only reason was a traffic stop. The two officers involved were prosecuted. In September 2024, one of the officers received a five-and-a-half-year sentence for the murder.

In an effort to increase safety for motorists, pedestrians, and cyclists in DC, the District passed the D.C. Comprehensive Policing and Justice Reform Amendment Act of 2022, wherein law enforcement officers were not to engage in vehicular pursuits of suspects fleeing in motor vehicles unless the officer reasonably believes:

• the suspect was involved in a crime of violence or poses an immediate and serious threat to another person
• the pursuit is necessary to prevent that threat and is not likely to result in death or serious injury to any person, and
• all other options have been exhausted or are unreasonable given the circumstances.

Experts have long studied police pursuits, balancing their potential to stop criminals from doing harm with the way high-speed chases can endanger suspects, officers and innocent passersby alike. The Justice Department funded a 2023 report examining police vehicle pursuits and recommending best practices. In the report, Chuck Wexler — executive director of the Police Executive Research Forum — wrote that pursuits should take place only when two standards have been met: a violent crime has been committed, and the suspect poses an imminent threat to commit another violent crime. If those conditions are not met, Wexler wrote, agencies must find an alternative.

Why was this rolled back?

On August 11, 2025, President Trump issued Executive Order 14333, “Declaring a Crime Emergency in the District of Columbia,” based on his determination that special conditions of an emergency nature existed that required the use of the Metropolitan Police Department for federal purposes. This Executive Order allowed the services of the Police Department of the District to be used for protecting federal property and ensuring conditions necessary for the orderly functioning of the federal government, stating that maintaining public order and safety has a direct impact on the federal government’s ability to operate efficiently to address the nation’s broader interests.

Following the Executive Order, the policy and procedures for federal law enforcement agencies were greatly expanded. Many policies have caused controversy, including changes to rules regarding federal police chases from a strict policy with tight rules to a relaxation of time, place, and alleged crimes for which the federal police can attempt high speed police chases through the streets, roundabouts, and parkways of DC.

During a Presidential cabinet meeting on August 26, 2025, Interior Secretary Doug Burgum announced changes to the United States Park Police. The Union representing these officers posted to its X account on August 27, 2025, warning all criminals USPP FOP bargained a new vehicle pursuit policy with management. If you flee from a traffic stop in DC, we will chase you – and we will catch you. Tell your friends.

By August 31, 2025, The Washington Post had reported ten federal car chases, and six crashes, all of which began as traffic stops for nonviolent crimes. In four of the six crashes, the fleeing suspects struck vehicles that were not part of the pursuit. Court records do not indicate anyone was seriously injured. Seven of the pursuits identified the officer chasing the suspect, and according to court records, five appear to involve the same detective sergeant.

DC police policy also precludes officers from pursuing cars with fake tags, often a sign that the vehicle is stolen. Half of the Park Police pursuits in August involved cars with fake or stolen tags, court records show. Park Police union chairman Kenneth Spencer said in a statement to Fox News Radio with Brian Kilmeade that the policy was temporary and would remain in effect until the end of the crime emergency.

The 30-day emergency expired on September 10, 2025. Since that date, Park Police have engaged in at least five car chases, even though President Trump’s general order stated the pursuit policy would only be in effect for the duration of the crime emergency.

The House of Representatives introduced H.R. 5143 on September 4, 2025, as an attempt to establish standards for law enforcement.

For many Democrats, crime has been an issue since 2020, with the death of George Floyd, which popularized the phrase “defund the police.” Many Democratic politicians have tried to distance themselves from the opinion in the years since. On August 29, 2025, House Democrats joined Republicans to vote in favor of House Bill 5143, which would lower the standards for DC police to engage in vehicular chases of fleeing suspects, specifically, rolling back the D.C. Comprehensive Policing and Justice Reform Amendment Act of 2022.

Questions of safety for DC residents and visitors

The new legislation has angered the DC Council, local advocates, and citizens. Opponents of the legislation have been raising the issue of safety on city streets, stating the high-speed pursuits on crowded city streets can endanger the public, and that DC should be left to decide its own policing policies.

Many local leaders have decried the measures, saying the bills would put residents at risk, while trampling on the city’s limited autonomy. Many fear the increased federal presence will make it more difficult for local authorities to handle an emergency. Following the passage of the bill in the House, DC Council Chairman Phil Mendelson, stated the focus would now shift to the Senate, where at least seven Democrats would have to vote with Republicans to overcome a filibuster.

Representative Glenn Ivey (D-Maryland) is a former DC prosecutor who has experienced firsthand the pain caused by high-speed chases. He warns the change could put the city on the hook for lawsuits filed on behalf of those killed, fearing that when deaths happen, his colleagues in the House won’t be anywhere to be found. “We have diagonal roads…and we’ve got circles,” Ivey explained. “A high-speed chase in the middle of the District of Columbia…is, almost by definition, dangerous. So, you’d better have a really good reason to engage in a pursuit like that.”

On September 25, 2025 Jared Huffman (D-Calif.) and Yassamin Ansari (D-Ariz.) wrote a letter to Interior Secretary Burgum and U.S. Park Police demanding a briefing on these pursuits, recognizing the USPP (United State Park Police) pursuit are among “the most dangerous of police activities,” and writing “it remains unclear what legal authority, if any, currently authorizes the USPP to conduct these dangerous chases, other than presidential fiat.”

Liability in Police Chases

If you were traveling within Washington, DC and suffered injuries as a result of police officers chasing you, or as an innocent driver or bystander simply due to your location, you may have the legal right to pursue compensation for your injuries. Police officers are government representatives and have the duty to make decisions that protect the public and ensure their safety. If an investigation determines a police officer acted negligently, recklessly, or without public safety in mind, you may have the right to pursue a claim for your injuries.

Victims from these high-speed crashes may incur a wide range of injuries including death; gunshot wounds; broken bones and fractures; traumatic brain injuries; paralysis; nerve damage; neck and back injuries; and post-traumatic stress disorder.

Recovery from these claims can include past/present/future medical bills, past lost wages, future loss of earning capacity, loss of consortium, and past and future pain and suffering.

Lawsuits involving governmental representatives are complicated and very different than claims against a private citizen or corporation. Many governmental entities have immunity from claims and special rules exist in regard to these lawsuits. To protect your claims, contact a personal injury attorney to help you understand your rights.

The personal injury lawyers at Joseph, Greenwald & Laake have forty years of experience in Maryland, DC and nationwide. We can help review the facts and circumstances, explain the circumstances where a lawsuit is possible, and evaluate your claim for damages.

Get the facts. Get educated.

A new Maryland law (HB 1018) could be a game-changer for divorcing couples who want to keep their family home without being forced into high-interest refinancing. In this episode of JGL LAW FOR YOU, attorneys David Bulitt and Christopher Castellano explain how mortgage assumptions work, why this law matters, and what it means for families navigating divorce. From avoiding skyrocketing interest rates to preserving stability for children, they break down the practical and financial benefits…and why talking with an experienced lawyer is the key to making the most of this opportunity.

In an article published by Washingtonian on September 25, 2025, Drew LaFramboise was quoted regarding the class action lawsuit filed by JGL against the Psychiatric Institute of Washington (PIW). The suit alleges that PIW, under the ownership and control of Universal Health Services, Inc. (UHS), engaged in a years-long pattern of patient mistreatment in violation of federal and state law.

The article recounts the experience of the firm’s client, an unidentified plaintiff in the class action, who was involuntarily hospitalized at the facility. Additional reporting is based on interviews with a dozen former patients and workers, nearly all of whom requested anonymity to speak candidly. Since the case was first filed in February 2025, at least four additional former PIW patients have joined the lawsuit as plaintiffs.

Commenting on the alleged corporate practices of UHS, Drew stated “It’s not a patient-centric culture, despite the fact that they render healthcare services. It’s a shareholder-centric culture.”

The Washingtonian article details the class action, which seeks unspecified damages and alleges that PIW and UHS violated the DC Human Rights Act, the Americans with Disabilities Act, and other statutes, while also engaging in intentional infliction of emotional distress. The suit further claims that UHS “has employed and continues to employ a brazen corporate strategy of involuntarily hospitalizing PIW patients without cause or indication [and] prolonging patients’ hospitalizations unnecessarily and without cause or indication. . . . These illegal actions have been and continue to be driven by a focus on profit at the expense of patient care, safety, and treatment.”

PIW, which opened in 1967, provides care to adolescents and adults experiencing psychiatric distress or substance abuse issues. In recent years, however, the facility has faced mounting scrutiny over serious allegations of staff misconduct, patient mistreatment and systemic dysfunction. Multiple lawsuits, as well as accounts from former employees and patients, allege the facility is plagued by violence and mismanagement—all in the service of corporate profit.

Read the full article “Inside DC’s Troubled Psychiatric Hospital: ‘This Place Is Actually Trauma-Inducing’” on the Washingtonian website.

Read the firm’s press release for additional information about the class action lawsuit.

For many Maryland families navigating divorce, one of the most emotionally charged and financially complex decisions is what to do with the marital home. The house isn’t just a piece of property, it’s where family memories were created, routines were established, where children made their bedrooms and celebrated milestones. At its core, the marital family home is the physical manifestation of stability in a family. Therefore, the division of the home in the event of a divorce is often one of the most contentious issues.

The task of agreeing whether or not either party can remain in the home is never simple, and this is often the case because there are inescapable economic realities to grapple with. Specifically, the existence of financing is attached to both parties. There is no doubt that if one spouse is vacating the home, the understanding will be that the vacating party will be released from the financial obligation associated with the loan, leaving very limited options to the spouse remaining in the home. Burdensome interest rates, high closing costs, and the challenge of qualifying for a new loan alone often make refinancing impracticable. As a result, many families are forced to sell their homes or remain financially entangled with their ex-spouse through a shared mortgage.

But starting October 1, 2025, Maryland is offering a new path forward. House Bill 1018 will require lenders to allow eligible divorcing homeowners to now assume their existing mortgage without refinancing. That means the assuming party keeps their existing loan terms, including the same interest rate and the same monthly payment, but no more shared liability with your ex. This law is a major step forward in helping families preserve economic stability during the divorce process.

What Is Mortgage Assumption?

A mortgage assumption is when one party takes over (“assumes”) another party’s existing mortgage loan as opposed to just taking out a brand-new mortgage. In the context of a home mortgage where two divorcing parties are jointly liable, an assumption allows one party to “assume” the other party’s financial obligation, whilst maintaining the loan terms of the underlying loan and thus avoiding the need to refinance the loan with different loan terms. While the assuming party does not need to submit a new loan application or pay closing costs or appraisal fees, an eligibility process is still a feature of an assumption.

With interest rates significantly higher than they were just a handful of few years ago, refinancing often results in a much more expensive monthly payment. Therefore, for many families, an assumption is the only way to maintain a family home.

With HB 1018, Who Qualifies and When?

The law applies to:

• Conventional home mortgage loans (for example, privately arranged loans, not those insured or guaranteed by federal government programs) issued by non-depository conventional mortgage lenders
• New mortgages issued after October 1, 2025
• Existing mortgages, if the divorce decree is entered on or after October 1, 2025

This means even if you purchased your home years ago, you may still benefit from this law, so long as your divorce is finalized after the effective date. It’s important to note that the law doesn’t automatically apply to every mortgage. It specifically targets conventional loans, which are commonly used by Maryland families when purchasing a home.

Exceptions to Know About HB1018

While the law covers most conventional mortgages issued by non-depository conventional mortgage lenders, it does not automatically apply to:

• FHA (Federal Housing Administration) loans
• VA (Veterans Affairs) loans
• USDA (U.S. Department of Agriculture) loans
• Mortgages held by large depository national banks such as Wells Fargo, Chase, or Bank of America

However, assumption may still be possible with these types of loans, but the mandated disclosure of HB 1018 will not attach to these loans. Each lender has its own policies and procedures, and with the right legal strategy, assumption may still be achievable.

Real-World Impact

Let’s say you and your spouse refinanced your home in 2021 with a 3.25% interest rate. In 2025, that rate might be closer to 6.5%. If you’re awarded the home in your divorce, refinancing into a new loan could double your monthly payment, not to mention force you to pay thousands in closing costs and fees. Under the new law, you may have a strong position when discussing options with your mortgage lender to keep your original mortgage, your original rate, and your original payment. That’s not just a financial win, it’s a lifeline.

This change can help:

• Keep children in their existing schools
• Preserve familiar routines
• Maintain emotional and financial stability
• Avoid the stress and cost of selling and relocating

Why Legal Guidance Matters

Even though many lenders operating in Maryland will soon be required to offer assumption in qualifying cases, they still have discretion in approving the spouse who wishes to take over the mortgage. That’s where skilled legal counsel becomes essential. Understanding the qualification parameters and existing lender requirements will improve qualification chances.

A Path Toward Stability

Divorce is never easy, but losing your home doesn’t have to be part of the process. With Maryland’s new mortgage assumption law, families can stay rooted in the place they’ve built together without the financial burden of refinancing or the emotional strain of selling.

If you’re considering divorce and want to explore your options for keeping your home, contact me today to discuss your options.

Steve Pavsner is now serving as a Hearing Officer for National Arbitration and Mediation (NAM), one of the nation’s premier providers of alternative dispute resolution (ADR) services. In his dual role as arbitrator and mediator, Steve applies his extensive legal experience to help parties resolve disputes efficiently and fairly.

With a legal career spanning five decades, Steve has litigated a broad spectrum of complex civil matters, including class actions, False Claims Act cases, business disputes, and professional negligence claims involving medical, nursing home, legal, architectural, accounting and engineering malpractice. His extensive litigation background equips him with the insight and precision necessary to navigate even the most intricate cases.

Known for his meticulous preparation and steadfast impartiality, Steve facilitates meaningful dialogue and equitable outcomes across a range of civil disputes. His ADR services are available throughout Maryland, Pennsylvania, and the District of Columbia, where he continues to be a trusted resource for attorneys and clients seeking alternative paths to resolution.

Learn more about Steve and his practice.