Lawyers, Answer Questions  & Get Points Log In
Virginia Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on
Q: My grandmother had a loan against her trailer in 1994. The last payment made was in 1997 before the bank changed names

The current bank has no record of the title. Dmv states that there is a lean against it. She has agreed that I have the trailer. Can I file for abandoned property

Richard Sternberg
Richard Sternberg answered on Mar 12, 2020

In 35 years of practice, I've never seen this issue. Interesting. Plainly, you need to file some equivalent action to a Quiet Title action, and you'd probably name that a Complaint for Declaratory Judgment. But, I'd need to hit the library as to how to clear title to a residential... Read more »

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
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.