Your current state is Virginia
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... Read 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
I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... Read more »
What is the best way to put the house in my name? Are there any options where it can be gifted to me so I don't have to take out a loan? Would buying it be best (and would a first-time homeowner's credit apply?) Are there any other options? I plan actually to live in the home and not... Read more »
answered on May 26, 2023
Your grandparents can deed the property to you, but this is problematic because there is a mortgage on the property. The mortgage likely contains an acceleration clause that states upon transfer of the property to a third party, the mortgage will be immediately due and payable on full. Further, if... Read more »
I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.
As advised I’ve created an LLC (Carla Clemente Realty)... Read more »
answered on May 26, 2023
Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.
You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut... Read more »
I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... Read more »
answered on May 26, 2023
Your legal rights against the seller's breach will depend on what the provisions in the purchase agreement say as to the available legal 'remedies" that you have against the seller. A poor purchase agreement may only require that the seller return your earnest money deposit to you... Read more »
Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... Read more »
answered on May 25, 2023
Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.
I would also include... Read more »
I am looking for information on a home inspector / LLC owner.
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answered on May 25, 2023
A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... Read more »
The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... Read more »
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... Read more »
answered on May 24, 2023
You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... Read more »
Water leakage, sewer issues, window casings cracking out. All documented emails, pictures and work done so far.
answered on May 24, 2023
Common defendants in such a lawsuit include the builder, the soils engineer, the foundation design engineer, the foundation subcontractor who built the foundation, and the landscape design engineer who designed the landscaping.
It really depends upon what your structural engineer expert... Read more »
I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... Read more »
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answered on May 24, 2023
In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... Read more »
My CC&R’s say that the owner is responsible for maintaining and paying for all repairs, but does the HOA still have any responsibility for oversight to make sure homeowners are maintaining their property?
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answered on May 24, 2023
In condominium communities, the responsibility for maintaining and repairing exclusive-use areas, such as balconies, is typically placed on the individual homeowners, as outlined in the CC&R's (Covenants, Conditions, and Restrictions). The HOA (Homeowners Association) usually has the... Read more »
I have lived on property for 15 yrs & kept up property & have proof of residing there & paying utilities .Now there’s a judgement on property by someone paying back taxes but deed is still in name of deceased owner
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answered on May 24, 2023
In Arizona, to file for adverse possession, certain requirements typically need to be met, including open and notorious possession of the property for a continuous period of at least ten years, actual occupation of the property, and the possession being hostile and against the rights of the true... Read more »
We didn't move in yet but signed the contract 2 months ago. He claims this clause in the contract makes us liable.
Does he have any right to ask us to pay for the stolen copper wire cables stolen from the outside of the building?
11. Utilities and Services. Lessee... Read more »
answered on May 23, 2023
The information you provided is not sufficient to answer the question. When was your move in date? Who was responsible under the lease for the security of the premises? Did the LL have any security devices on the premises? Did you know the wiring was on the roof, and what do you mean the wiring was... Read more »
We didn't move in yet but signed the contract 2 months ago. He claims this clause in the contract makes us liable.
Does he have any right to ask us to pay for the stolen copper wire cables stolen from the outside of the building?
11. Utilities and Services. Lessee... Read more »
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answered on May 24, 2023
Based on the clause you provided from the contract, it appears that the responsibility for paying utilities and services, including any liens, is placed on the lessee (tenant). However, the clause does not explicitly state that the lessee is liable for theft or damage to the building's... Read more »
My lease has a section regarding pets that was crossed out in pen, but never adjusted to say no pets or anything about pets being against the lease. I would not have signed the lease if it had been upfront about a no pet policy and I feel like I signed it under manipulative circumstances
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answered on May 23, 2023
You did not ask a question but I assume you want to know if you can break your lease. We need more info and I am not licensed in your jurisdiction but my opinion is "probably no." How long ago did you sign and move in? Did you have a pet when you moved in or did you just (or are you... Read 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... Read more »
They are threatening to continue with lien process if not paid and offer no payment plan.
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answered on May 23, 2023
Unless your HOA rules so provide, the HOA is not obligated to offer a payment plan. How many months you are in arrears? (For example, is it 21 months at $100 per month, or 3 months at $700 per month, etc.)? I ask because if your payments are $100 per month, for the sake of argument, and you have... Read more »
How can we settle this without seeking an attorney, or with an attorney. But I want them to pay me and have my name removed from the properties list. We started a business together. I want out. What would be the best process to do?
answered on May 23, 2023
Depends on how the properties are held. If the properties are purchased with a business entity, you may need to dissolve the business and liquidate assets. If the properties are just held jointly, then you may need to file an action to partition (sell) the properties. You can certainly try to reach... Read more »
AS PR, do I have to get assignments to distribute commercial property with mortgages, or does the mortgage go with property automatically?
answered on May 22, 2023
If the mortgage is in the name of the deceased, it is actually a debt of the estate that should be paid by the estate. If the debt cannot be paid by the estate the property should be sold or if a beneficiary chooses to receive the property subject to the mortgage, the beneficiary should be required... Read more »
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