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Virginia Foreclosure Questions & Answers
0 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Looking for licensed attorney in Va, who can take third party surplus funds cases for $1500 contingency in Richmond

Hello I am a third party surplus funds locater, I have a signed contract with a claimant who is owed a small surplus in the county of chesterfield, I am looking for a Licensed attorney in the state of Virginia who can take on this case who would be interested in working on a contingent fee of $1,500

1 Answer | Asked in Foreclosure for Virginia on
Q: If I pay the full past due amount for my mortgage will that stop forclosure?

I lost my job last Oct, but im back to work full time and can now pay all the past due. I'm about 3 months behind.

T. Augustus Claus
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answered on Feb 15, 2024

In Virginia, paying the full past due amount on your mortgage can indeed halt the foreclosure process, assuming the lender hasn't already completed the foreclosure sale. When you pay off the entire amount you owe in arrears, including any late fees and legal costs incurred by the lender as... View More

1 Answer | Asked in Divorce, Foreclosure and Family Law for Virginia on
Q: Is my wife responsible for the foreclosure of her ex-husbands house if she waived all housing rights when she divorced.

The reason for the question is that he passed away before the foreclosure. As I said, she waived all housing rights in the divorce agreement, but it seems as though she'll have a "foreclosure" on her record if we don't sort this out. My understanding is if she's susceptible... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 24, 2024

If the mortgage loan and title to real property in Virginia is joint, then both spouses have rights and liabilities. If one spouse will receive the real property incident to a divorce, that spouse should be required to sell or refinance the property in order to remove the other spouse from his or... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: I am trying to find the law/order on mortgage/promissary statute of limitations in the state of virginia

Mortgage lender hasn't contacted me for over 9 years with no payments made for 9 years. Now received a letter stating it is from a "debt collector" which appears to be an attorney's office.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 20, 2023

In Virginia, a deed of trust with a stated maturity date has a statute of limitations of 10 years from the maturity. If there is no maturity date, the statute of limitations is 20 years from the recordation date of the deed of trust, except for credit line deeds of trust. With a credit line deed... View More

1 Answer | Asked in Foreclosure for Virginia on
Q: Hello, Through a tragic accident and huge medical bills, my daughter had her house foreclosed on a week ago.

She owed 100k and it sold for 150k at auction. There are no other leins on the property. Does she get the 50k surplus from the sale?

If so, how do we go about claiming that money?

Thank you,

Jenny F.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 15, 2023

The trustee or substitute trustee who sells real estate in Virginia at a foreclosure auction at the direction of the noteholder must account for the proceeds of the sale to the county or city Commissioner of Accounts in the jurisdiction where the property is located. The provisions of the deed of... View More

1 Answer | Asked in Real Estate Law, Divorce and Foreclosure for Virginia on
Q: Are my assets (land, home, retirement accounts) at risk if my ex-husband forecloses on the home we lived in?

My home, land, and retirement accounts do not have his name on them, but the marital home that he lives in may be at risk of a foreclosure as he is behind on payments. He was given a year to get the mortgage refinanced into just his name, but he has awful credit and won't be able to. It's... View More

Anthony M. Avery
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answered on Aug 2, 2023

If you signed the Note then you are personally liable on the debt. After foreclosure the lender/noteholder may file suit to collect for any note deficiency.

1 Answer | Asked in Foreclosure and Bankruptcy for Virginia on
Q: Which Virginia court handles foreclosure excess proceeds disbursements?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 23, 2022

Fiduciaries in Virginia must file accountings and reports with the Commissioner of Accounts for the city or county involved. If a foreclosure auction results in a surplus of proceeds, most substitute trustees would file an interpleader action in the Circuit Court and name all interested parties as... View More

2 Answers | Asked in Foreclosure and Bankruptcy for Virginia on
Q: Which Virginia court handles foreclosure excess proceeds disbursements?
Mark Oakley
Mark Oakley
answered on Oct 23, 2022

The same court where the foreclosure action was docketed and proceeded to auction and ratification of the sale. That would be the circuit court in the jurisdiction where the property is located. As this is a Virginia matter and you posted this question on a Maryland legal forum, you should consult... View More

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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

1 Answer | Asked in Landlord - Tenant and Foreclosure for Virginia on
Q: In Arlington VA I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? I need assistance

In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?

I need REASONABLE professional assistance.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 8, 2022

A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Virginia on
Q: How do I remove an unlawful detainer/eviction from my public record, after it has been marked "satisfied?"

The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.

F. Paul Maloof
F. Paul Maloof
answered on Feb 3, 2022

You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Virginia on
Q: Statute of Limitations on enforcing Virginia deed that was accelerated, and 2 owners dying. 5 years + 2 years?

This is a Virginia reverse mortgage deed of trust that was accelerated when last owner died. Then subsequent owner who inherited died later as well. Due to acceleration, is the 5 or 6 year contract SOL valid, plus adding a year for each death of owner? Finally, does a Lis Pendens stop or affect... View More

Richard Sternberg
Richard Sternberg
answered on Sep 15, 2020

You should probably read:

§ 8.01-236. Limitation of entry on or action for land.

No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first...
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1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: My grandmother had a loan against her trailer in 1994. The last payment made was in 1997 before the bank changed names

The current bank has no record of the title. Dmv states that there is a lean against it. She has agreed that I have the trailer. Can I file for abandoned property

Richard Sternberg
Richard Sternberg
answered on Mar 12, 2020

In 35 years of practice, I've never seen this issue. Interesting. Plainly, you need to file some equivalent action to a Quiet Title action, and you'd probably name that a Complaint for Declaratory Judgment. But, I'd need to hit the library as to how to clear title to a residential... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?

The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... View More

Richard Sternberg
Richard Sternberg
answered on Aug 22, 2019

You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... View More

1 Answer | Asked in Foreclosure and Traffic Tickets for Virginia on
Q: If my vehicle is registered in another state do I adhere to muffler laws?

I have no mufflers or catalytic converters on my truck, but my vehicle is registered in Colorado.

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2019

You are required to adhere to the requirements in the state the vehicle is in, even if you are driving through. So people from Florida get tickets all the time for window tint that is legal in Florida but not legal in Virginia even though they are just passing through.

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Virginia on
Q: What is the statute of limitations for a foreclosure deficiency of a 2nd purchase money deed of trust?

Foreclosure took place in 2007. 2nd mtg. note was obtained by a collection company. They have just filed a law suit against me for a judgment. Its been 11 years! Hasn't the statute of limitations passed?

Richard Sternberg
Richard Sternberg
answered on Mar 16, 2018

You should find counsel near you. Sometimes, a judgment can be renewed to 20 years, but they usually expire in ten. We might be able to help with a cease and desist letter, but we can’t defend you in court as far south as Virginia Beach.

1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you are on the deed with another party, and small equity line is in a Mother who has passed away,

Can you bankrupt to stop the foreclosure

Robert R Weed
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Robert R Weed
answered on Dec 4, 2017

Yes, filing bankruptcy will stop the foreclosure. What kind of bankruptcy you should file and how long it will stop the foreclosure is a much more complicated question.

1 Answer | Asked in Foreclosure for Virginia on
Q: is a bank required to provide a survey on a property they sell as a foreclosure? Jonesville VA 24263

I bought a foreclosed property from peoples bank, they did not even know the acres and the did not have it surveyed. I thought it was standard practice for banks to have the property they sell surveyed? I know am having issues with neighbors claiming my property is theirs, no one had lived here... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 21, 2014

First, the bank is probably not required to do a survey. Second, with respect to neighbors claiming part of the property, there is a way they can come to own property they did not own if they used it long enough as if they owned it. It may be best to pay for a survey to get the issues resolved. If... View More

1 Answer | Asked in Foreclosure for Virginia on
Q: HOW CAN I FIND WHO BOUGHT MY HOME IN A FORCLOSER SALE
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 22, 2014

Every county or city Circuit Court records the sale of real estate. You can often search their tax records online.

1 Answer | Asked in Foreclosure for Virginia on
Q: Why would counsel in Virginia address title/foreclosure in Circuit Court v. filing in federal court?
Paul A. Prados
Paul A. Prados
answered on Feb 4, 2011

Most matters involving real estate will be filed in Circuit Court because the Circuit Court has equitable powers over the title to real estate, and there is generally no federal nexus for title/foreclosure cases.

The grounds for being in Federal court are far too complicated to explain in a...
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