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... Read more »

To find out whether a trademark is registered for federal protection, you can search the US Patent and Trademark Office ("USPTO") database. However, keep in mind that, just because something isn't registered doesn't mean that it's available to be used. The US recognizes... Read more »

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... Read more »

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... Read more »

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... Read more »

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... Read more »

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... Read more »

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... Read more »

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... Read more »

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... Read more »

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... Read more »

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... Read more »

You really need a review of your lease rather than a generalized answer that may or may not apply to your lease. But, in Virginia, title to land passes by operation of law to the heir or beneficiary if one is named in a Will subject to recapture to fund the estate. That means that the title now... Read more »

Probably pay him again.... Or, pay a lawyer to develop proof that you paid, escrow the disputed funds, and sue.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or... Read more »

The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... Read more »

It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.

But, I must ask: Why are you not sharing the HOA docs when you... Read more »

It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.

Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... Read more »

You have to defend the lawsuit. If you allow a default to be entered, you're done.

You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.