You should have lost the Homestead exemption if you weren’t living there, but the real estate and transfer taxes should be the same as a normal transaction when you sell it as long as your title was recorded five years ago. You might have a title agent or lawyer look up the tax and title records... View More

Landlords renovate buildings all the time. There is no duty for the landlord to provide alternative accommodations unless the renovations make the premises uninhabitable.

There are many factors that can alter the results, so getting a consult with a practicing lawyer would be valuable, but, assuming the deceased resided in Virginia at time of death, intestate succession is defined by: <https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/>.... View More

If the repairs for which the tenant had a contractor make the repairs are in accordance with the requirements imposed on the tenant by the residential lease, the landlord should not be held liable for the costs of those repairs.

The agreement you made with your ex-wife to allocate marital debt has nothing to do with the third parties to whom you owe money unless they signed the agreement and agreed to let you off the hook. Once the bonds of matrimony are broken, however, the doctrine of necessaries no longer applies to... View More

1. Review the lease. Look for conditions precedent and time is of the essence clauses. Look for liquidated damages clauses, too. If the lease favors you, consider filing suit for damages.

2. Notify the Landlord that they are in breach, and you need immediate housing as contracted. Tell... View More

If the property being secured is a residential property, the answer is no. If the security is not covered by RESPA, you should pay to have a lawyer representing you involved in the transaction.

There are multiple factors to consider, and you will be much better off discussing the matter in a one-hour consult with a lawyer. Be prepared to answer questions like:

• are there any non-resident owners or investors

• are there potential liabilities in any of the separate... View More

You will probably have to pay for it initially and hope for reimbursement from the owners insurance. The landlord is not an option for payment.

A petition for sale in lieu of partition has a specific provision in Virginia law, and the legal fees get reimbursed from the sale. While you are at it, add a count for contribution for his half of all expenses.

Wait for him to sue and put on his case, or, after suit, file a motion for discovery.

It depends on what you pledged as security in the Deed of Trust, but I'm willing to bet that they wouldn't have given the loan unless they were secured in the real property. A quick title search and lawyer's reading will resolve the question.

I'm confused by the question. Was this a forced, foreclosure sale, or was this a marketing approach? If your mother still has an interest in the property as the Seller, then you need to review the contract to determine whether you can keep the deposit and then re-auction the property. If this... View More

If you agree, it’s probably legal, though you might want legal review. Why would you sign it? Is anyone being mislead?

If you file a garnishment summons, you and the employer are required to appear before the court. The clerk's office will give you a list of required documents that are required and the forms of service if process. If any money is withheld by the employer, it will be sent to the court and... View More

In Virginia, real estate passes automatically on decease subject to a petition by the executor to recapture the property to satisfy the debts and claims on the estate assets. The best bet is to retain counsel to interface with the attorney for the estate to resolve estate debts.

Reading an... View More

If the plaintiff in the adverse possession lawsuit properly filed a lis pendens, you will be unable to close a sale with loan money or title insurance. There are legal strategies that might help, but they depend on the situation and are complex. You should doscuss the situation with the lawyer... View More

In Virginia, only the Sheriff can serve a Writ of Eviction, which must be issued by the Court. A co-tenant has no power to issue an eviction notice.

I’d need to read the contract to know the answer. Clients assume that the contracts are all the same, and they aren’t. In any event, all parties can always agree to walk away.

You will need to petition the Court in the city or county where the premises is located and ask the Judge to make a determination about who is right regarding the residential lease.