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Questions Answered by Richard Sternberg
1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: civil judgement against me for 700.in VA 16 years ago. paid cash . didnt get release . selling my house ,

guy wont acknowledge my phone calls or text ... what Do I do

Richard Sternberg
Richard Sternberg
answered on Oct 26, 2022

Probably pay him again.... Or, pay a lawyer to develop proof that you paid, escrow the disputed funds, and sue.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Q: I live in VA and retired from the military. I have a DD214, and my home of record is Texas. Can I break my lease?

I have the SCRA clause in my lease.

Richard Sternberg
Richard Sternberg
answered on Oct 26, 2022

The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... View More

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: I was suppose to close on a house yesterday on 10/24/2022 but my loan company has now asked me to verify some bank wires

This caused me to miss my closing date and now in order to approve the extension the seller wants us to release the escrow money to them which we are nervous to do.

1) We are reviewing our offer and need help to see if our offer was contingent upon financing?

2) If we sign to... View More

Richard Sternberg
Richard Sternberg
answered on Oct 25, 2022

Nobody can competently answer specific questions like this without reviewing the contract, correspondence, and interviewing about the situation. You need a consult with a lawyer critically, and it is possible that, after review, a resolution favorable to you can be negotiated. What is... View More

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1 Answer | Asked in Probate and Estate Planning for Maryland on
Q: Dad died in MD with all (I think) assets in trust. Can I file for letters of Admin now, and open estate later if needed?

Montgomery county, only assets are in financial accounts. Valuable property was divided among children and charities before his death. He is to inherit money from his sister who died in 6 weeks prior to his death

Richard Sternberg
Richard Sternberg
answered on Oct 25, 2022

In Maryland, the way you get Letters of Administration is by filing a Petition for Probate. That opens an estate. If the assets are all in non-probate assets, they get listed separately in the Information Report.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Does estate have to be closed before beneficiary receives money.

I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... View More

Richard Sternberg
Richard Sternberg
answered on Oct 20, 2022

If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Is there a seller's defense against the Virginia HOA Clause, or can buyers void contracts due to high interest rates?

We had two ratified contracts since Tuesday morning in Fairfax County, Virginia. The first buyer backed out because of the HOA clause, but told our realtor that they didn't know the mortgage payments would be so high. The second buyer is currently looking to renegotiate or stated that they... View More

Richard Sternberg
Richard Sternberg
answered on Oct 14, 2022

It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.

But, I must ask: Why are you not sharing the HOA docs when you...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Is emergency protection order sufficient justification to break a rental lease?

VA Code § 55.1-1236 (2021)

Richard Sternberg
Richard Sternberg
answered on Oct 14, 2022

It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... View More

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Property seller violates multiple laws, purchaser has hard evidence, judge ignores. What happened?

Edit:

55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.

Some points (this box isn't enough for all... View More

Richard Sternberg
Richard Sternberg
answered on Oct 4, 2022

Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... View More

1 Answer | Asked in Elder Law, Probate and Estate Planning for Virginia on
Q: Suspect Trust having funds dispersed illegally. CA Orange County trust but I'm in VA and executor in Seattle. What to do

Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... View More

Richard Sternberg
Richard Sternberg
answered on Oct 1, 2022

There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: My ex husband has died, his brother has filed probate of estate for the house. I have also filed probate of estate

Now a judge has to make a decision.

I was told since I have a child with the deceased he is next of kin.

What are my chances here?

Richard Sternberg
Richard Sternberg
answered on Sep 28, 2022

You question is posed for Maryland, but you seem to be in DC. This answer is based on your ex-husband residing in Maryland. I also assume that you've written "ex-husband" because you were divorced before he died. If you are his widow, your priority is higher. In Maryland, the... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: I am the mortgage lender on a commercial property and the buyer died. How do I get the balance due on the loan?

The heir apparent is the present owner of the property and is willing to continue making payments on the existing loan. How do I obtain an agreement to this effect.

Richard Sternberg
Richard Sternberg
answered on Sep 27, 2022

I’d have to research the specifics, but, generally, the heir can continue to pay the current loan with no further documentation, and the mortgagee remains secured by the property. You could probably prepare an endorsement of the note or enter a new loan on the same terms.

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1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: How do I obtain a death certificate…

My fiancée of whom we shared a child together passed away unexpectedly from a stroke. And of course it’s a case of I ntestate succession. Vital statistics customer service told me that since our daughter is a minor and I am not next of kin I can’t obtain a death certificate. Is this true??... View More

Richard Sternberg
Richard Sternberg
answered on Sep 14, 2022

Interesting issue. His daughter plainly has standing, and you are surely eligible to be her next friend. But, let's start simpler by approaching this through the need you have. If he has an estate, are his parents filing it? You don't need the death certificate if they get it unless... View More

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: In the state of Maryland, if my neighbor is claims adverse possession on piece of my land. Who pays the taxes?
Richard Sternberg
Richard Sternberg
answered on Sep 13, 2022

You are completely confused about the concept of adverse possession, and your confusion is very likely to deprive you of your property. Get a lawyer!

Adverse possession is a defense. Think: Statute of Limitations. If you've let someone possess your property openly and adversely...
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1 Answer | Asked in Estate Planning, Real Estate Law and Foreclosure for Virginia on
Q: What legal actions can my aunt, brother, sister and myself take since we were the heirs to my grandfathers estate in Tx.

We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... View More

Richard Sternberg
Richard Sternberg
answered on Sep 8, 2022

Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... View More

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: When splitting up the money left in an estate, how do I take out judgements against beneficiaries paid by the estate?

I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... View More

Richard Sternberg
Richard Sternberg
answered on Sep 8, 2022

It's a simple accounting matter, but auditors in different counties may insist on different reporting of the distributions to pay off the individual judgments secured by the estate property. Most counties have posted their accounting principles on the probate website of the Commissioner of... View More

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3 Answers | Asked in Probate for Virginia on
Q: Who gets the house if both husband and wife die without a will and it never went to probate in Virginia?

My sister and her husband are owners of a home. Both have died and their son took over the house but never put it through probate. He is now dying and doesn’t have a will. He has diminished mental capacity at this time. Since the house is still in my dead sister and brother-in-law’s names,... View More

Richard Sternberg
Richard Sternberg
answered on Aug 31, 2022

The correct answer depends on the form of title and the order of the passing of the grantors, so you start with reading the deed and an interview. But, in a Virginia estate, the property passes outside of probate subject to being recaptured for creditors. If the son is disabled and potentially... View More

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2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: My brother died he and a friend bought a house years ago and he willed everything to me how do I get my half of equity

I live in PA and the house is in VA, what would I have to do to get my half of the equity in the property

Richard Sternberg
Richard Sternberg
answered on Aug 27, 2022

The answer depends on a number of issues, but, at least theoretically, you already own the property subject to the estate’s need to sell it to pay creditors. What you need to do is determine the liquidity of the estate and the complete title to the property, and, if you share title, determine the... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: My brother dad wants to buy a house for my brother but has a civil judgement against him. Can house be taken

He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2022

You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... View More

1 Answer | Asked in Probate for Maryland on
Q: how can I distribure funds to a interested party, in probate ? who is unable to work. while the estate is still open.

I am the personal representative in the estate in pg county #124481.

Richard Sternberg
Richard Sternberg
answered on Jul 20, 2022

It might be wise for you to review the estate with counsel, because you, as personal representative, will be personally liable if you disburse too much or the disbursement violates the rights of some other beneficiary or creditor. But, you have broad discretion to create advances to beneficiaries.... View More

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