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They had no children together. The properties were in my mother's and stepdad's names. My stepbrothers name are on the houses. The houses are now up for auction due to delinquent taxes. Do my siblings and I have any rights to the properties? We are all basically in the city. No one... View More 
answered on Nov 1, 2020
You need to get thee to a lawyer pronto to run a title search. It matters very much how the houses were titled. That might not matter after the auction. If, however, you have rights, and, potentially, even if you don't, this is one of those times when you might be able to "buy it for the... View More
Do I also need to hire a lawyer or can I sign the contract from my cousins lawyer and be done? He is obtaining a mortgage which is part of the contract. No one else has ever owned this property besides my mom. She does not live there and I have power of attorney to sign contracts, including real... View More
answered on Oct 25, 2020
Ask yourself, are you confident that you know how to fully complete the deal yourself wrh no mistakes?
What rights does he have he havent lived in the house over 10 yrs how i can put my name on the title
answered on Oct 25, 2020
You question leaves out a lot of information that is needed for us to provide an answer. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it... View More
Month i paid the remaining balance they they sented the title to me but my dads name is still on it and he wont sign it over to me what should i do im the only child i own the land as well
answered on Oct 24, 2020
We'd need much more precision to be able to advise you. If title was in the name of both of your parents and was purchased during the marriage and they never divorced or altered title before your other died, then your father has title. Your or your mother's payments are probably... View More
My sister has drafted a home made eviction notice and is stating I need to leave the home within 30 days according to Virginia law. Both of our names and two other siblings names are on the deed. She is also claiming there was a verbal agreement that while she moved into the home, that no other... View More
answered on Oct 12, 2020
A common co-tenant of the whole cannot "evict" another common co-tenant of the whole from the premises. The reason she has made mum her own form is that there is no lawyer who would draft one for her. What you need is a lawyer to file a petition for sale in lieu of partition so you can... View More
I have had multiple occurrences since purchasing my condo in 2016. I have documentation asking for the damage to be fixed multiple times and each time it is patched up temporarily. I have had furniture damaged, rugs damaged, lighting fixtures damaged and my association refuses to take the lead on... View More
answered on Oct 13, 2020
You may be able to bring legal action against the Condominium Association if they fail to take responsibility for something that is their responsibility. However, determining what is the CA's responsibility and what they should do is complicated and requires both a knowledgeable review of the... View More
We were just notified by a realtor our landlord wants to sell their house. Of course, we’ll try to work out an amicable purchase price from our landlord, but he believes his property is more valuable than the current market dictates. What should we do to in the interim to protect ourselves... View More
answered on Oct 8, 2020
You may want to review your lease with a lawyer. If it is valid, it should be unaffected by the sale. The new owner will take subject to the lease, and, in recent markets, a home valued as a rental is usually worth less than a home for owner-occupancy. If you want to buy, you may want to have a... View More
My apartment complex claimed to be smoke free. On a daily basis, cigarette and marijuana smoke come into my apartment from neighboring apartments. I let the management know, but it is still happening. This has been affecting my health as I do not smoke. Can I break my lease without penalty? Is that... View More
answered on Oct 8, 2020
You may be able to force the apartment complex to let you out of your lease, depending on how bad the situation is and how definitively the apartment has prohibited smoking. You may have a harder time proving that the situation exists and is dangerous to your health than you think. The process for... View More
answered on Oct 7, 2020
You sell it, which, in most but not all cases, triggers the due on sake clause, so you pay off the mortgage with the buyer or grantee taking out their own mortgage note.
My wife and her ex-husband are the current deed holders but my wife and I are considering building a home on the same property. Can we do so without having his written permission? He no longer lives there and has not for the past six years nor does he pay the mortgage.
answered on Oct 7, 2020
He should wait for you to finish building. If the building detracts from the property, he can sue for damages or an order that you pay to demolish it. If it adds value, he should petition for sale in lieu of partition and split the proceeds with you. You might get the costs of your construction... View More
Apt only required one guarantor. Roommate stated her Dad would complete another guarantor, but that never happened. I'm afraid if I move out to another apartment within the complex, my roommate will stay and hold my Dad responsible for the remainder of the rent.
answered on Oct 5, 2020
Generally in Virginia, when a guarantor agrees to sign a guaranty, the guarantor is jointly and severally (individually) liable for the obligations to pay the payments of the lease. It will depend on what is stated in your lease as to the obligations and the liability to pay the debt.
The owner would not prorate my rent and said it's mine until 10/31. So I said that's fine then I won't return the keys until 10/31, but the owner also wants to paint the unit before 10/31. I know I have to allow the access for showings and maintenance, but do I have to allow painters... View More
answered on Oct 1, 2020
The answer to your question should be expressed in your lease. Generally in Virginia, a residential lease permits the landlord to have workers, such as painters, access the premises on 24 hour notice to the tenant and for reasonable reasons. It seems that painting the premises would be considered a... View More
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... View More
answered on Sep 25, 2020
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... View More
I am interested in buying a property that does not have a deeded access. There is a private road connecting it to a county road. The listing agent says that road cannot legally be blocked, denying me access to the property. If this is true I want to buy the land. When I was shopping for a... View More
answered on Sep 23, 2020
The answer is in insurance not at law. The legal answer could get tied up in a astoundingly expensive trial on the existence of an easement by estoppel. You should draft the contract so that it is contingent on the insurability of legal access and egress, and you should run not walk to the exit if... View More
The VA Real Estate Contract of Purchase was submitted to Seller on Friday, Seller's agent responded by text on Saturday to Buyer's agent that the offer had been accepted (no changes to terms). Seller's agent stated he would obtain Seller signature and send agreement to Buyer's... View More
answered on Sep 22, 2020
There certainly is a decent legal argument that the contract was concluded, but you would have the burden of proving that the acceptance was by an authorized agent of the seller and that the acceptance was unconditional. Those will be factual questions, which means a trial. That is not an... View More
Grandparents died and left it to the family, my mom is trying to dictate and kick me and my fiancé and kids out and I told her she has no authority her name isn’t on the deed and it’s a family home. She went and made a homemade eviction notice giving us 30 days
answered on Sep 22, 2020
There is no such thing at law as a "family owned home." The property is owned by some one or some specifically named individuals. If the property was not deeded or willed to the next generation, then it passed by intestacy. Sometimes, it is difficult after a hundred years or so,... View More
An acquaintance let us know that hey would like to sell their house and move. We are buying connected property already. She has not listed it. Can someone tell me in simple terms, how this would need to be handled legally in Virginia? Also, we would be buying it outright in cash. Thank you.
answered on Sep 22, 2020
If you already have your price and don't need marketing services or advice on pricing and market analysis, you don't need a real estate agent. A lawyer will be much cheaper. Even cheaper is a new development I've been trying of employing a real estate agent in my office to handle... View More
He is hospitalize VA, she is his aid care taker. She wants POA because he is married.
answered on Sep 20, 2020
This is not a DIY situation. You need a lawyer. But, the specific answer to your question is that a power of attorney expires when the principal (your father) dies. Sometimes, the attorney-in-fact (your sister) has the power to make financial transactions during your father's life using the... View More
I live in New Jersey and I'm buying a house cash in Virginia. We are not using a buyer's agent. We were told we needed to have a real estate lawyer or a title company when the paperwork was signed. I'm trying to find out if the title company needs to be in Virginia or if I can use... View More
answered on Sep 19, 2020
The title agent must be licensed in Virginia, and you would be foolish to use a title agent who was not also acting as your lawyer. That will be more expensive than having a non-lawyer title agent. It will be a little more expensive than using a title agent who is a lawyer acting as a title agent.... View More
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
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... View More
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