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I’m getting an uncontested divorce and under the terms of our agreement, refinance is scheduled to occur in a timeframe not to exceed 4 yrs. The loan is joint and so is the title. We have decided, I will stay in the house; can I change the title to my name via a quitclaim deed? Is it straight... View More 
answered on Nov 15, 2023
Any attorney that practices in the area of real estate should be able to assist you. I have drafted many deeds being executed pursuant to a divorce or a settlement agreement. However, when both parties are on the title to the property, I have never used a "Quitclaim" deed, but instead I... View More
Nelnet is the loan company and won’t process a deferment or income driven payment plan in that time frame, leaving me no choice but the pay the 7500 extra to buy down, despite us definitely being eligible for the income driven payment plan. Can I do anything about this? I feel so helpless like I... View More
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answered on Nov 13, 2023
In this situation, where your mortgage loan officer has requested a deferment of your student loans or an additional payment of $7500 shortly before closing, and Nelnet is unable to process the deferment in time, you do have some options.
First, communicate with your loan officer about the... View More
Re: intestate heirship
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answered on Oct 16, 2023
Ask your question in the appropriate State column and find out.
I'm starting a real estate company focusing on residential rentals (single family, multifamily, apartments). Which business structure offers the best tax advantages?
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answered on Sep 29, 2023
LLCs and S Corporations are often considered advantageous for real estate ventures due to potential benefits like pass-through taxation and liability protection. You should consult a tax advisor to analyze which structure is most advantageous for your specific situation.
The home was owned jointly and equally by my husband his father mother and sister. No one gave any art of it away. My husbands niece says years ago after his mother passed that the 3 remaining owners signed over part of the home to the 2 remaining sisters but the gift deed wasn't filed with... View More
answered on Sep 20, 2023
Your description is complex, and the details are critical. The matter is also likely to be time-critical. Any opinion rendered without reviewing the documents and the facts, and likely after some light research on race (not ethnic, but means of filing) recording and duties of notaries in your... View More
What can I do to get them out?
answered on Aug 26, 2023
The answer depends on the facts, and you haven't -- and shouldn't -- reveal them in an open Internet forum. I see you are posting from Salem, Virginia, and that is nowhere near my offices. Find a lawyer who does landlord & tenant law and real estate law in Salem Circuit Court.... View More
The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More
answered on Aug 21, 2023
Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to... View More
And it was not on contract to have dock or pier inspected
answered on Aug 20, 2023
It depends on what the contract says, but the option to terminate the contract expires at the time stated in the contract. You should read the contract carefully or get counsel to review it immediately.
The issue involves the HVAC company (XXXX) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More
answered on Aug 20, 2023
Assuming your unit is in Virginia, I am not sure why you would hesitate to use your hazard insurance for a claim. Your insurance carrier will straighten it out, and use subrogation to recover from the party who is liable. Sure, there is likely common element damage as well, that should be covered... View More
Have scheduled a survey and one property owner is out of country for three years and not answering emails seeking permission. His fence, which may be located on my property, blocks surveyors from doing their work.
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answered on Aug 10, 2023
Usually licensed surveyors can go anywhere except some restricted areas to survey real property. That is what the license is for.
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answered on Aug 7, 2023
If a Virginia court invalidates a mechanic's lien, it typically does not reset the clock for the 90-day period in which a lien claimant must file their lien. The 90-day period usually starts from the last day of labor or the last day materials were furnished. The court's decision to... View More
I have a question whether I should go on the title with her on the investment property or Is it better to stay off the title ? My intention is to protect our primary home and personal assest against any law suits we might face in the future on the rental property
answered on Aug 2, 2023
A married couple buying an investment property in Virginia should consider several options for holding title. Most couples hold title to real property as tenants by the entirety with the common-law right of survivorship. The tenancy protects the property from the debts of either spouse alone,... View More
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
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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.
The transaction has been paid off, but I have not seen any deed actually signed over to officially own the property without question. I also was given possession of the deed to hold safely, but was not named executor of her will. What, if any, rights to I have in the say of what happens to her... View More
answered on Jul 23, 2023
The assumptions in your posting indicate that you haven’t a clue as to proving title in Virginia. Seek out local, Virginia, real estate counsel, run a current owner search, and review the results.
an agreement is reached between siblings and one of them buys out the other two ( april 2023 ), so the house is now owned by one person ( sibling ). i am buying this house ( july 2023 ) with title insurance. do i need to worry about any future lawsuit from any of the siblings ? extended... View More
answered on Jul 7, 2023
Before you close, your title agent will order a title abstract that shows who holds legal title. The insurance company and your lender will not allow the closing to proceed if the seller does not have good title. While it's best to read the actual contract to be sure of this, it's more... View More
I made 10% down payment via check for solar panel installation and signed contract. The company is forcing me to pay the remaining 90% before installation begins or else they won't install. There is nothing in the contract as to when final payment is due other than same day. I thought that... View More
answered on Jul 5, 2023
Perhaps you should have a a lawyer rev new the contract you signed?
We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More
answered on Jun 19, 2023
Oral agreements on real estate are not binding. All contracts regarding real estate must be in writing. Sometimes, a writing can be found from things that aren’t thought of as writings, such as an email, receipt, or check. You need to review your specific facts including every written... View More
a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More
answered on Jun 7, 2023
The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... View More
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... View More
I'm selling my property in 2 weeks, Unison is using their home appraisal valuation to end the agreement vs sales price which is about 60k more than the sales price. So we are required to pay them the additional value even though is not what we are selling the home for.
answered on May 23, 2023
A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing... View More
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