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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
I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... View More
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answered on May 17, 2023
I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... View More
The workers are destructive and debris from other projects have been left in my yard. The work started on the property without a work permit. In the process of gutting the property, the trash was placed against my fence but it was not damaged.
answered on May 3, 2023
You generally are not required to permit a neighbor to enter or use your property. If I recall from law school, there is a tiny exception for emergencies, but this doesn’t sound like that. You may wish to retain counsel to send a cease and desist and no trespass letter or to negotiate a more... View More
This is in Virginia. The woman came into the relationship with nothing and makes half as much as the man. She can't afford the mortgage, but he can and wishes to buy her out. She refuses to let him do so. Is there anything that he can do? If they do have to sell, does she automatically get... View More
answered on Apr 28, 2023
A lawyer may advice you to file a partition claim in which the lawyer may further suggest to ask the court to buy her out. But, all of these depends on how you both own currently own the property, how long you lived, who paid for down payment, who pays for mortgage, utilities, other expenses, etc.... View More
I would like to know, I own 2.39 acre of lot in a R1 zone and would like to gift 1 acre to my family member by subdividing. What are the necessary requirements as an owner to do this? My HOA document does not permit any subdivision, but there is a provision to make it a new amendment, but the... View More
answered on Apr 19, 2023
There is no cookie-cutter answer to this type of question. You start with a title search and review of all controlling documents, including the HOA docs and local zoning, because they often don’t say what people say they say. From there, you start negotiating to get where you are trying to be.... View More
Property was listed as community lot. Is in deed. Escheated 30 years ago. Continues to be listed in any lots sold in development.
answered on Apr 18, 2023
The question is confusing, because the word escheat means that the state took it and it doesn’t belong to whomever it belonged before. The best place is to start with a title search and a review of whatever happened 30 years ago,
New homeowner here home was purchased Oct 2022, there is a built in playhouse off the deck that has been on property since Aug 2021 with no issues. I received a violation letter in the mail stating that this was not approved by the ARC committee and I need to file plans and have them approved or I... View More
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answered on Apr 6, 2023
Unfortunately, the fact that the HOA did not know about or complain about the structure may not be sufficient grounds to argue its existence. When you say "file plans," do you mean with the HOA or with the local municipality? Can you establish that the HOA is picking on you or otherwise... View More
All the mailboxes in my neighborhood are on one side of the street. My neighbors across the street, whose mailbox is on my property, use their mailbox to try to exert weird control over me/my property. They keep trying to mow or weedwack the front of my yard. They also use their mailbox as an... View More
answered on Apr 3, 2023
The answer starts with a title search. I'm willing to guess that the USPS of your neighbors have a recorded easement to the place where the mailbox os located, but the only way to confirm that reliably is a title search. If there is no easement and the mailbox is on your land, you can notify... View More
In the refi, but the county recorder still,shows the modification
answered on Mar 26, 2023
The land records in Virginia, recorded in the Circuit Court for the county or city where the property is located, show an entire history of the transactions concerning the property. Past transactions are not removed, or replaced, by the most recent transactions.
A refinance loan would be... View More
The seller did not disclose the restrictions on the property prior to the title search being completed. The deed restrictions were filed in 2019 and will last 40 years minimum with options to renew. The deed restrictions require any modifications to the property and land to be approved, by a... View More
answered on Mar 25, 2023
A seller's and purchaser's contractual rights under a written sales agreement depend on the provisions contained in the writing. There are causes of action outside the contract, that led to the formation of the agreement, including fraud and duress. A contract may be voided as... View More
My great, great, great, great, great grandfather owned a significant amount of land in Virginia in the late 1,700's. In his will, he states, "my will is and I desire that my estate be neither appraised nor sold." He then goes on and says "I give and bequeath unto my son..his... View More
answered on Mar 12, 2023
Nope. You don't have any claim at all based on the facts you've given. That little word 'assigns' means people that ancestor may sell the land to. He sold it.
There is also an obscure real estate rule called the 'Rule against Perpetuities' which, in very... View More
A 30ft strip of common area is behind my home. The HOA declined to replace a tree there that died, but suggested I do so. So I submitted a request to plant 5-7 arborvitae, and agreed to maintain them the 1st year. The board approved 5, which I had planted. I immediately submitted another request... View More
answered on Feb 28, 2023
The only choice I can think of is retaining counsel to review the facts, review the HOA rules, and decide whether to threaten if you are on good grounds or cajole if you aren't. Sounds like you pissed them off pretty well. Maybe retaining someone to speak for you who can sound like he carries... View More
The court clerk told him to get a form/letter from a real estate agent to acquire a deed. Pkease tell me what is the correct form named so I can let him know.
answered on Feb 15, 2023
I believe I answered a very similar question this morning, but this version leaves out that the nephew is the heir of your deceased brother. If your brother is deceased, he cannot sign a power of attorney, and the power of attorney needs to be from whomever owns the property. If your brother has... View More
He is the only child and needs to put the house in his name now and was told by the court since there was no will or estate etc he needed to get a real estate agent or attorney to certify the deed. We are not sure what to do. The house is paid off but needs some work.
answered on Feb 15, 2023
If there is no will, the house passes outside of probate in accordance with the intestate succession laws of Virginia. The fact that the nephew paid the bills for 15 years is irrelevant. There is no reason not to consider that rent, and it certainly doesn't sound in adverse possession. But, if... View More
answered on Feb 13, 2023
An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... View More
There a three owners listed on the deed, two are deceased and not included as owners of the property on the listing agreement. The heirs of the deceased owners have been asked to sign the listing agreement. Can the exclusion of the deceased owners in the listing agreement create any legal... View More
answered on Feb 7, 2023
The listing agreement only binds the people who signed it. So, in Virginia, where title passes outside probate to the heirs subject to recapture by the personal representative to pay debts, the heirs are not bound by an agreement they didn't sign. They don't have to sell. But, if the... View More
I am divorced. want to file quick claim deed . Im
age 90 he lives with me now. a neighbor also said deed of gift
answered on Jan 16, 2023
Your neighbors are wrong. Giving away your property means giving away your property. It is your son’s property from that date, and he can put you in a nursing home or begin renovations immediately once it is his. The fee cheaper solution is a simple will drafted by a lawyer. If there are other... View More
Inherited home. No mortgage on the house at time of inheritance. Buyout occurred late 2022 - co-owner (who is also the occupant) signed agreement stating that they would cede their ownership of the home upon closing - knew the co-owner would need time to move out, did not press for them to leave... View More
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answered on Jan 12, 2023
You cannot evict a co-owner. A Partition Suit may be the only answer as apparently the so called buyout agreement should not have been entered into. A Breach of Contract action might also be filed, but the final result may not help. Consult with a VA attorney about this which may require a... View More
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 8, 2022
Possibly, yes, his wife and children, if any, may receive the half, but it depends on what the will says, how it says it and when your brother passed away. I recommend you to take the will to a lawyer near you to review it and explain the next steps of Probate. So, it is not as simple as saying... View More
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