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The seven properties are geographically separate from the main part of the community. The Board to seeks to have them removed from the HOA, eliminating their responsibilities to the HOA (i.e., dues, covenants, by-laws, etc.), as well as the HOA responsibilities to them. Is this legal? What are... View More 
answered on Aug 19, 2019
The only competent basis for reviewing that and getting to an answer is reviewing the bylaws of the HOA and the covenants on the properties. Generally, within the constraints of the bylaws, covenants, and state law, an HOA can alter the terms of the contract with the vote of the board or the... View More
She died very unexpectedly so after settling the estate in VA, my husband came to a gentleman's agreement to allow her second husband to live in the home and pay the taxes. It's been two years though and we feel we need to take possession of the home. We're afraid we've let too... View More
answered on Aug 18, 2019
You need a landlord and tenant or a real estate lawyer, and then you need to give proper notice to quit. If he doesn’t quit, the lawyer can take it from there. If your “lease” is enforceable because something is in writing, and you gave tenancy for the term of the tax payments, you may be... View More
Homeowner turned downed my offer on their house citing they did not want to sell to someone using my type of lending (USDA). The purchase offer was submitted with a financing pre-approval letter from my mortgage lender dated the same date as my offer.
answered on Aug 15, 2019
Probably. A seller can turn down an offer tp purchase for just about any reason they want to, as long as it not a discrimination against a person in a protected class. Some lenders and loan programs impose requirements on sellers that they don't want to fool with - such as requiring discount... View More
What can we do to stop sell of land. Heirs do not want to sell our land but the court is trying to force. All taxes are paid every year and we have roughly 45 acres. Heirs never had a dispute but courts seems to think so. How can we stop a sale we never asked for
answered on Aug 11, 2019
Appeal the court's decision and ask for a stay of the order to sell.
Listing , prior owner agent all day it was 3 bedroom. Depot Heath says 2 bedroom. We bought the house as 1031 commercial with intent to rent. Our income is almost half potential now.
answered on Aug 7, 2019
You should probably have the contract, advertisements, disclosures, home inspections, and permits reviewed to determine whether you have a cause of action against the seller or anyone else. It is impossible to form a reliable, professional opinion on your remedies without a competent review,... View More
Inspection has been done and accepted. Sewer has been pumped out and satisfied. Water well paid for a year. As far as we know everything on our end has been done. Appraisal has been done by purchaser but we do not know what the report is. Purchaser is obtaining a VA loan and has now asked to be... View More
answered on Aug 4, 2019
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 seems that you need a lot more than an internet answer. Find and sit down with an... View More
No one from the rent office say anything and continue to take my current rent, then in June , which was 3 months later they tell me that they filed an unlawful detainer because I still owe for March, it’s almost august
answered on Jul 26, 2019
I cannot understand from your posting whether the bounced check caused your rent to be unpaid or whether it was an extra payment. In any event, most leases provide for an additional rental fee for bounced checks, and it is not clear from your posting whether that was resolved. If, when all is said... View More
Family members used land as driveway to have access to their home. Portion of land bought by someone else now has home almost built land locking the house in back of it. Thought the land used as driveway by family members would be grandfathered in in Va. what is law? Does City have any... View More
answered on Jul 21, 2019
It is certainly suspicious, but there are not enough facts to be able to answer your question. 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... View More
We are moving to South Carolina and want to wait for a while before buying a house. Also thinking of paying off some debt in the process.
answered on Jul 19, 2019
You need to check with a tax specialist (such as a CPA) for an answer specific to your situation. With that understood, the general rule is that there is no tax due on the gain from sale of your primary residence (gain = price sold - amount paid to buy plus certain improvements). I believe the... View More
answered on Aug 18, 2019
I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those... View More
In the event of my mother's half sisters passing, is the half sisters husband entitled to her half of the house?
answered on Jul 15, 2019
One would need to examine the specific language in the deed, coupled with your mother’s half sister is will to make that determination.
I live in this 1/1 condo unit last year the HVAC died and they couldn't afford to replace it. They just got penalty payment warning from the assc. and told me to move in 60 days. They are foreclosing. until now the payments are on time they told me to pay my rent. It just occurred to me to get... View More
answered on Jul 9, 2019
Your lease is totally separate from the landlord's mortgage. if you have an interest for the lender to assign the mortgage to you, it would be advisable for you to contact mortgage company to discuss that idea.
answered on Jul 7, 2019
Nope - it's the second fastest way to lose. Lying on the witness stand in front of the judge/jury is the fastest.
The Management office is saying I have to pay 2 months rent plus an additional $300($150 per month) because I didn't notify them 2 months prior that I'm not renewing my lease. HELP!
answered on Jun 27, 2019
What does your lease say about it? Have you read it? Did you sign it? Are you in Hampton? Is the lease in Hampton? What's in Hampton?
answered on Jun 26, 2019
Not per se, but there are many additional facts that would make that improper. You should seek out a consult with an attorney if the opportunity is sufficiently valuable to you.
Legitimate Heir then can I and the other sibling sell the home
answered on Jun 19, 2019
File a motion asking the court to determine if he is an heir and a motion asking the court to approve your decision to sell the house.
Because the mortgage company lawyer says my name is the only one on it.
answered on Jun 19, 2019
In Virginia, the title to the house passes outside of probate subject to recapture by the Administrator if the sale is needed to pay debts, including distributions. Your safest bet is to put on a motion and get the court to approve a sale. You can then sign for it.
An attorney would make... View More
Hi, my lousy tenant vacated at the end of the lease term and I switched my property management company due to the bad experience with the previous one. The previous property management company has colluded with the tenant and wants to favor the tenant. My property repair work hasn't been done... View More
answered on Jun 18, 2019
The only way to bring a complaint against the property management company is to file a lawsuit in Court. I am unaware of anything that is done in your situation by HUD or NARPM. If you file a lawsuit in Virginia, you are subject to appearing in court to prosecute your case. There are no remote... View More
I own one of the 200+ units in a Condominium Association in Virginia. The individual records of each unit are kept in the on-site management office. My friend & neighbor recently told me that about a month ago she examined the file for her particular unit & noticed it contained documents... View More
answered on Jun 10, 2019
FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In addition to that general rule, please understand that this particular question should best be answered by your "friend... View More
He was supplementing the rent each month, we personally would like to short sale if possible. The current renter has a lease through December 2019.
answered on Jun 6, 2019
I am sorry for your loss. What other assets are in the estate? Short sales are time consuming, frustrating, and generally not worth it - I usually suggest to my clients that they let it go to foreclosure unless there's other issues.
What does your probate attorney advise? If you... View More
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