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Virginia Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?

The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 22, 2019

You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... Read more »

1 Answer | Asked in Foreclosure and Traffic Tickets for Virginia on
Q: If my vehicle is registered in another state do I adhere to muffler laws?

I have no mufflers or catalytic converters on my truck, but my vehicle is registered in Colorado.

Daniel P Leavitt
Daniel P Leavitt answered on May 3, 2019

You are required to adhere to the requirements in the state the vehicle is in, even if you are driving through. So people from Florida get tickets all the time for window tint that is legal in Florida but not legal in Virginia even though they are just passing through.

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Virginia on
Q: What is the statute of limitations for a foreclosure deficiency of a 2nd purchase money deed of trust?

Foreclosure took place in 2007. 2nd mtg. note was obtained by a collection company. They have just filed a law suit against me for a judgment. Its been 11 years! Hasn't the statute of limitations passed?

Richard Sternberg
Richard Sternberg answered on Mar 16, 2018

You should find counsel near you. Sometimes, a judgment can be renewed to 20 years, but they usually expire in ten. We might be able to help with a cease and desist letter, but we can’t defend you in court as far south as Virginia Beach.

1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you are on the deed with another party, and small equity line is in a Mother who has passed away,

Can you bankrupt to stop the foreclosure

Robert R Weed
Robert R Weed answered on Dec 4, 2017

Yes, filing bankruptcy will stop the foreclosure. What kind of bankruptcy you should file and how long it will stop the foreclosure is a much more complicated question.

1 Answer | Asked in Foreclosure for Virginia on
Q: is a bank required to provide a survey on a property they sell as a foreclosure? Jonesville VA 24263

I bought a foreclosed property from peoples bank, they did not even know the acres and the did not have it surveyed. I thought it was standard practice for banks to have the property they sell surveyed? I know am having issues with neighbors claiming my property is theirs, no one had lived here... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Oct 21, 2014

First, the bank is probably not required to do a survey. Second, with respect to neighbors claiming part of the property, there is a way they can come to own property they did not own if they used it long enough as if they owned it. It may be best to pay for a survey to get the issues resolved. If... Read more »

1 Answer | Asked in Foreclosure for Virginia on
Q: HOW CAN I FIND WHO BOUGHT MY HOME IN A FORCLOSER SALE
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Jul 22, 2014

Every county or city Circuit Court records the sale of real estate. You can often search their tax records online.

1 Answer | Asked in Foreclosure for Virginia on
Q: Why would counsel in Virginia address title/foreclosure in Circuit Court v. filing in federal court?
Paul A. Prados
Paul A. Prados answered on Feb 4, 2011

Most matters involving real estate will be filed in Circuit Court because the Circuit Court has equitable powers over the title to real estate, and there is generally no federal nexus for title/foreclosure cases.

The grounds for being in Federal court are far too complicated to explain in a...
Read more »

1 Answer | Asked in Foreclosure for Virginia on
Q: Can equity lender foreclose on property, original mortgage is current, equity lender lost promisary note

Our primary mortgage is current, our equity loan is in default, can equity lender have lost the promisary note, can they foreclose?

Paul A. Prados
Paul A. Prados answered on Jan 17, 2011

If the equity lender has all of its paperwork in order, it may foreclose. Many times they will not in a down real estate market as the primary lender gets paid first from the foreclosure sale.

Lost notes are getting to be less common. There are ways for lenders to avoid the difficulties...
Read more »

1 Answer | Asked in Foreclosure for Virginia on
Q: If a property is foreclosed on and a sale takes place how long do the tenants(former owners)have beforethey haveto vacte
Paul A. Prados
Paul A. Prados answered on Jan 16, 2011

The former owners are considered legal trespassers on the property from the moment of the closing of the foreclosure sale and a request that you vacate. Closing does not usually occur on the same day as the foreclosure sale. The new owner may proceed with a lawsuit for unlawful detainer... Read more »

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