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Virginia Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Virginia on
Q: What is the Virginia statute of limitations involving a third party promissory note with a deed of trust?

Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.

Ross Cameron Hart
Ross Cameron Hart
answered on Feb 15, 2024

You've left out some important information - when was the mortgage taken out, when was it's original due date, and a few other things. I have a lot more questions than answers at this point.

That said, the odds are that the holder of the debt may still be able to foreclose on the...
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2 Answers | Asked in Real Estate Law for Virginia on
Q: What is the Virginia statute of limitations involving a third party promissory note with a deed of trust?

Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 15, 2024

Keep in mind that in the State of Virginia the statute of limitations on the enforcement of the underlying Deed of Trust is 10 years from the maturity date (VA Code Section 8.01-241). If the Deed of Trust does not state the maturity date, the statute of limitations on the enforcement of the... View More

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1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Q: We had a home inspector who missed numerous things costing $4K to fix - how do we get $ from ther failed inspection?

The old owner had a low-budget handyman install a new shower surround and floor pan. It was install very poorly with no support in the walls for the panel seams, no support for the floor pan, and a loose drain. It took about $4k to have the shower disassembled and walls re-studded to handle the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 13, 2024

You need to review the contract with the home inspector very carefully. If you did not negotiate and modify the contract, it insulates the inspector from most if not all claims, and, when it doesn't insulate them, it limits damages to refunding your inspection fee. That will surely be. shock... View More

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: How can we sell my mother's house when one of the coowners on the deed died before signing off on the deed?

My mother has moved to a senior living home and needs to sell her house. She is coowner (60%) along with 5 of her children. The sale cannot go forward since one of the children died last year and his will presumably naming his wife as executrix is hung up in probate court in the US Virgin... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 8, 2024

With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court... View More

1 Answer | Asked in Tax Law and Real Estate Law for Virginia on
Q: How to file for property tax exclusion/deferral in Pittsyvania county, Virginia due to 65+ & disabled (58.1-3217)
James L. Arrasmith
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answered on Jan 26, 2024

Here are the key steps to file for a property tax exclusion or deferral in Pittsylvania County, Virginia based on age 65+ or disabled status under §58.1-3217:

1. Obtain an Exemption/Deferral Application Form from the Pittsylvania County Commissioner of Revenue office (276-656-0371) or...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: A hunter has set up trail cameras to overlook our property. He has also set up a tree stand and watches me.

He texts me And describes what I am doing. He’s also videoed me and told people he did it. Do I have any recourse?

James L. Arrasmith
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answered on Jan 5, 2024

You have several options for recourse in this situation. The hunter's actions, particularly setting up cameras to overlook your property and describing your activities, could be considered an invasion of your privacy. Additionally, if he's texting you and describing your activities, it... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Virginia on
Q: If there are two equal adjacent lots (A and B) to be developed into homes.

Lot A is owned by property owner #1 and Lot B is owned equally by property owner #1 and #2. If you build homes how should the development cost/profits from sales/shares work out?

Richard Sternberg
Richard Sternberg
answered on Jan 4, 2024

The short answer is "any way you want to." There are many choices. If you make no choices, the Uniform Partnership Act will make them for you, and you may not like its choices. Indeed, it won't be clear whether you have a partnership of the one property or of the two, and the one to... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Who is responsible for writing the notarial blocks on real estate and estate planning documents?

I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.

Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?

I also have specific examples of legal... View More

Nina Whitehurst
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answered on Dec 10, 2023

Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.

At the same time, it is common for some entities in the real estate world, especially lenders,...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Do proceeds from real estate go into an estate account or directly to beneficiaries/next of kin?

My father died a year ago and we are still settling debt and selling property. There was no will. The estate is handled by an administrator. We sold a property and our closing lawyer says we get the proceeds and they do not go into the estate account. There are still debts to be settled. If we... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Dec 5, 2023

Unfortunately, I need more information to properly answer your questions. Was there a will? Is the estate being handled by an Executor or an Administrator? Does the fiduciary have power of sale over the real estate? Normally, if there are debts and claims owing by the estate, no probate assets... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Two bro own house . One lives in house, one at the lake Can lake bro come in home whenever no notice Can I trespass him.

Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More

Richard Sternberg
Richard Sternberg
answered on Dec 2, 2023

If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: I am trying to find the law/order on mortgage/promissary statute of limitations in the state of virginia

Mortgage lender hasn't contacted me for over 9 years with no payments made for 9 years. Now received a letter stating it is from a "debt collector" which appears to be an attorney's office.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 20, 2023

In Virginia, a deed of trust with a stated maturity date has a statute of limitations of 10 years from the maturity. If there is no maturity date, the statute of limitations is 20 years from the recordation date of the deed of trust, except for credit line deeds of trust. With a credit line deed... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Virginia on
Q: Who can assist me with a quitclaim deed document?

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

Dominic Paul Lascara
Dominic Paul Lascara
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

1 Answer | Asked in Real Estate Law and Banking for Virginia on
Q: Mortgage loan officer told me 5 days before closing to defer student loans or pay 7500 extra. App won’t process in time.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: I'm starting a real estate development company focusing more on residential rentals. Which business structure is better?

I'm starting a real estate company focusing on residential rentals (single family, multifamily, apartments). Which business structure offers the best tax advantages?

T. Augustus Claus
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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.

1 Answer | Asked in Real Estate Law for Virginia on
Q: What do you need to do to get a gift deed off of a home when the notary was family and now says she owns part of home?

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

Richard Sternberg
Richard Sternberg
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

2 Answers | Asked in Real Estate Law, Consumer Law, Small Claims and Insurance Bad Faith for Virginia on
Q: Should I file an insurance claim, work with my neighbors or contact an attorney?

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

James H. Wilson Jr.
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James H. Wilson Jr.
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

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Can a buyer add that a boathouse roof needs replaced after a home inspection? When it’s not part of the inspection

And it was not on contract to have dock or pier inspected

Richard Sternberg
Richard Sternberg
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.

1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Virginia on
Q: I am seeking counsel to see if working with an attorney is a better course of action than filing an insurance claim.

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

James H. Wilson Jr.
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James H. Wilson Jr.
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

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Construction Law for Virginia on
Q: If a VA court invalidates a mechanic's lien, does it reset the clock? (90 days)
T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law for Virginia on
Q: My wife is planning to buy an rental property in VA. Me and my wife co own a primay home in MA

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

James H. Wilson Jr.
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James H. Wilson Jr.
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

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