Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Andrew Maghamez
2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord openly admitted the home was unfit to be occupied but promised work.6 month paid ahead.8months now..nothing

I plan on sending again certified letter and wondered if I should bring in health drpartment.

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 22, 2017

Definitely hire an attorney and break the lease. You shouldn't be living there

View More Answers

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Siblings are tenants in common and the surviving spouse claims to have lifetime rights in the home. Can i force sale?

Too many disagreements and one party(me) wants to sell but my brother doesn't.my mother is the surviving wife and claims to have lifetime rights..my uncle is the executor of the estate but the house is willed to my brother and I. Can I still partition to force sale the home and allow the... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 21, 2017

This is very complex and not something that can just be answered simply. You need to speak with an attorney to run you through all the scenarios

View More Answers

2 Answers | Asked in Real Estate Law for Virginia on
Q: Can a home be owned by a LLC but the mortgage be in the personal names of owners? Property is in VA.
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 21, 2017

Yes it is. If you transfer it to an LLC they likely won't car as long as you pay the mortgage but it is always good to notify them

View More Answers

1 Answer | Asked in Estate Planning for Virginia on
Q: Income from a partnership

My father owns a building in Manhattan that generates monthly income. Twenty years ago, he and my mother created a trust that left, upon their death, their shares of the building to their grandchildren. My brother and I, under the trust, are to receive income from the shares until our death. Now,... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 20, 2017

It depends on the type of trust it is and what the trust document says. It's hard to answer your question otherwise. If it is a revocable trust he likely can do whatever he wants

1 Answer | Asked in Business Law for Virginia on
Q: What can I do to run a business whose owner has been arrested?

My friend is a business owner and recently was arrested and is now facing a couple of years in jail. There is no official partner in the business but I know the ins and outs of the company and have been very involved since day one. Is there anyway I could go about running the company until he comes... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 16, 2017

I would attempt to arrange to have him sign a power of attorney to allow you to act on his behalf for as long as he is in jail. If that is not a possibility, you may need to petition the court to be appointed as his guardian while he is in jail. Option a is the best option. Speak to an attorney to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I became roommates with someone 3 months into their occupancy. Am I liable for damages that happened before my arrival?

I was added onto the lease through an amendment to the original lease that was held by my roommate. There was a move in checklist conducted by myself and my landlord, 5 days after my initial move in. We made note of a scratch on the floor. This scratch was not noted on my roommates move in... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 14, 2017

This is definitely a situation where you will want to hire a lawyer to contest it or at the least to write a letter. It really comes down to proof and showing that you didn't do it. Also does your lease retroactively attach to your roommates lease? Many moving parts.

1 Answer | Asked in Contracts and Consumer Law for Virginia on
Q: In the state of virginia is a car loan servicer supposed to send a notice of default before repossessing a vehicle?
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 14, 2017

our loan contract should specify exactly what constitutes a default that could lead to a repossession. Be sure you understand the terms of your contract Tow Truck Towing a Repossed Carbefore you miss a payment. Some contracts allow for a seizure of your vehicle as soon as you miss your first... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Gradmother sold undeveloped land to me for $1 but put a clause that upon my death my heirs has to give her first refusal

Since then I have built a home and garage and now want to downsize and sell....can I still sell it? and if so what kind of trouble is it going to be due to it says upon my death my heirs has to give her first refusal?

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 12, 2017

I would have to see the agreement before providing you with any answers. From the facts you gave me, that would only apply if you died before her but again I would have to see the deed and contract first.

2 Answers | Asked in Real Estate Law for Virginia on
Q: My brother passed away Oct 2010 and his home was in his name. His HOA put a judgment in my name in 2012. Is this legal?

I've had no deals or business in that house. It was 2 states away. The house was foreclosed on Feb 2012. The judgement is for $1500. They sent me a statement yesterday for $5000. I have an old detailed statement with my brothers name. I am in the process of buying a house and need to know if I... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 12, 2017

You need to speak with an attorney about this. On the surface from the facts you gave us you should not be liable for your brother's debts. However, if you inherited the house through his will or intestate then you may be liable. You definitely should dispute the charge otherwise

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: If a house has been abandoned, and I pay the back taxes, is it possible for me to put a lien on the house afterwards?

The house has been abandoned for about 2 years and the owners are no where to be found and cannot be contacted. They may possibly even be deceased. Before the house goes to auction, is it possible for me to pay the taxes off and put a lien on the house?

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 10, 2017

I am not sure why you would do that unless you had some sort of interest in the house. Need to know more facts. Unless it is something you've already done.

2 Answers | Asked in Real Estate Law for Virginia on
Q: I have signed a purchase offer approved by the seller ("under contract"). What are my liabilities beyond losing earnest?
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 10, 2017

It all depends how the contract is worded. Standard contracts state you just lose your earnest money deposit if you breach the contract but you may even be able to get that back through a loophole an attorney could find for you. I would speak to an attorney and bring the contract.

View More Answers

1 Answer | Asked in Estate Planning for Virginia on
Q: Wife passed away, virginia house husband gets 50%, step kids get 50%, can husband get % of step kids inherritance
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 10, 2017

I need to know way more information. Your questions is vague and there are many moving parts. Was there a will?

1 Answer | Asked in Real Estate Law for Virginia on
Q: if there is a equity loan against the property and my parent passed with no will, can the bank seize the property?
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 9, 2017

Yes they can but you as an heir are entitled to the house if their spouse is no longer alive. You will have to continue to make payments however so that it doesn't go to foreclosure. Speak with an attorney like myself who can handle probate for you.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Failed to give 60 day written notice to vacate apartment. Management threatening to go to collections for extra month.

I signed a short term (4 month lease) . I made it clear at the time of lease that I would be leaving for work at the end of the 4 months.

The lease states "If Landlord elects to renew the Lease, the Tenant will be notified of any proposed changes to the Lease between sixty (60) and... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jun 27, 2017

I would really have to see the lease before I could give you a definitive answer. What does the lease say regarding your termination of the lease? There are many questions to answer

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: I have a questions regarding real estate assets

My sister and I co-own my father's home that he has life time right's to live there. My sister has debt collectors and creditors attempting to collect money owed. Can they attempt to collect from the estate of my father before he passes? Force a sale of the house?

John Andrew Maghamez
John Andrew Maghamez
answered on Jun 23, 2017

If in fact your father has a life estate deed that has been properly executed in the clerk's office, then creditors cannot touch your interest in the house because he only has a life estate. They can collect against any personal assets that he might have however.

2 Answers | Asked in Consumer Law and Real Estate Law for Virginia on
Q: When a mortgage loan is not approved, who is entitled to buyer's earnest deposit, seller, seller's realtor, or buyer?

I would like to consult you on a real estate matter, and find out whether you are willing to assist me in this case which you may consider to be too trivial.

We were going to purchase a property which was not listed in MLS, but was offered to us at $145K via a seller's realtor, and... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jun 23, 2017

Depends on what the contract states. You need to have a lawyer look at the contract. Typically the buyer will get his earnest money deposit back but the contract could say otherwise.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can a leasing company charge a lease break fee and still hold you to that lease?

My wife and I got accepted into nursing school and therefore have to move and break our one year lease for the condo we live in. Our rent is $1200 per month and the lease break fee was $1200. We gave a month and a half notice for when our place would be available by and was assured they would have... View More

John Andrew Maghamez
John Andrew Maghamez
answered on Jun 22, 2017

It all depends on what the contract says. You should speak with an attorney. Typically, the lease break fee is a replacement for them continuing to charge you for monthly rent, but it is hard to say without seeing the contract.

1 Answer | Asked in Collections for Virginia on
Q: In the state of Virginia Can you be forced to sell your home 4 unsecured debts?
John Andrew Maghamez
John Andrew Maghamez
answered on Jun 21, 2017

Yes, creditors must first place a lien on your house by having a judgment recorded in the circuit court where your house is located. Then there is something called a creditors suit which they can force the sale of your house although it is a long process that many try to avoid. Most creditors will... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.