This is not a DIY situation. You need a lawyer. But, the specific answer to your question is that a power of attorney expires when the principal (your father) dies. Sometimes, the attorney-in-fact (your sister) has the power to make financial transactions during your father's life using the...Read more »
I live in New Jersey and I'm buying a house cash in Virginia. We are not using a buyer's agent. We were told we needed to have a real estate lawyer or a title company when the paperwork was signed. I'm trying to find out if the title company needs to be in Virginia or if I can use... Read more »
The title agent must be licensed in Virginia, and you would be foolish to use a title agent who was not also acting as your lawyer. That will be more expensive than having a non-lawyer title agent. It will be a little more expensive than using a title agent who is a lawyer acting as a title agent....Read more »
This is a Virginia reverse mortgage deed of trust that was accelerated when last owner died. Then subsequent owner who inherited died later as well. Due to acceleration, is the 5 or 6 year contract SOL valid, plus adding a year for each death of owner? Finally, does a Lis Pendens stop or affect... Read more »
§ 8.01-236. Limitation of entry on or action for land.
No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first...Read more »
They deed it to someone else, or they die, and it transfers by operation of law or by a deed from the personal representative. You simply aren't providing enough details for this to be more useful. Perhaps you should discuss the matter with a lawyer who practices where the land is located.
... for the last few weeks. The sale had "no inspection" contingency. However, in this time period and before closing, one of the appliances broke down (home warranty company confirmed) and I purchased the exact same model as replacement before closing. Legally can I deduct this from the... Read more »
Start with the purchase contract. Did it include a functioning appliance such as the one you replaced? Next, review the lease. Who was responsible for the appliance? Next, back to the purchase & sale agreement. Was there an integration clause and did the unpaid rent pass to the new owner upon...Read more »
Developer owns a majority of the development but wants to start charging an HOA fee, without having an HOA committee of homeowners. It seems as if he wants our money but wants to retain the decision making. Also, if he charges a monthly fee for HOA, should he be paying for his lots?
A planned unit development is usually regulated by a Master Deed or Declaration, which would show whether there is an HOA attached to the development, whether assessments can be charged, and how the amount of assessments is determined. You would need to look at that information, which is recorded...Read more »
OMG, yes. Well, actually, no. You don't need it. You want it. If the house burns to the ground as you drive away from the closing, whatever is left, including the requirement to clean up and rebuild the eyesore, is yours. If some else burns it down and goes to prison for arson for doing it,...Read more »
How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.
I recently acquired a property that belonged to my father, who passed away. The property had an additional home that has tenants in it. there is however no rental/lease agreement or rental history in place. I have notified them with intent to sell giving a 30 day notice and offering a cash for... Read more »
In Virginia, once the Deed of Distribution from the Estate's Executor is recorded and you are the title owner of record, you can put the property on the market for sale and must disclose the property is occupied by tenants under a month to month tenancy. If you want to terminate the month to...Read more »
We are buying a property, and the owner had a verbal agreement to share the well and septic that are on the neighbors property. She has no problem sharing, but we are concerned what would happen if she sold her property.
The Internet has been both a blessing and a curse for tenants. On the one hand, it is much, much easier to find a competitive tenancy and to get a fairly accurate idea as to the price for comparable homes. On the other hand, landlords uniformly use credit checks and eviction records to qualify...Read more »
I'm an owner of my home in a COA. My COA sealed around some common pipes, but the secondhand smoke still seeps into my home and affecting my breathing. The COA can't tell me why this is happing and my neighbor's efforts has not stop the issue and has grown worse in the last five... Read more »
Seeping of toxic vapors onto one property from another is Nuisance, and your best choice of counsel might be a lawyer who does real estate litigation. If there are resulting health concerns and medical bills, a personal injury lawyer might consider the case, but the financing model for such lawyers...Read more »
There are issues with the house and I really can't afford to fix house, renter is giving me hard time and I prefer to sell house as is and just move on but tenant is stating she will not leave until lease is up
On the bottom of each page on the lease states this contract is for use by ___. Use by any other party is illegal and voids the contract. So can the new landlord put an X where the pets section is without us both signing? Is this contract valid? Is my landlord in the wrong for threatening me about... Read more »
Generally in Virginia, when there is an existing lease in place and the owner/landlord sells the premises to a buyer, the lease remains in place, the buyer assumes the rights and obligations under the existing lease, and the lease's terms remain unchanged between the new owner/landlord and the...Read more »
We need more facts to answer. Was she the spouse at the time the house was acquired or was it premarital property? Since you refer to them as your mother and father, we might assume this was a traditional marriage, but that is far from certain. If they bought the house while married, And they were...Read more »
The lease states, “The lease may then be terminated by either party giving 30 days written notice prior to the end of the rental month.” If I give written notice on Aug 10, am I obligated to pay rent through Sept 30 or can I end my lease mid- September? This is in Virginia. The lease was... Read more »
The general rule for '30-day notice' clauses is that they run to the end of the next rental period following the date notice is given. Thus, in your example notice given today (or Monday, August 10) would be effective September 30.
I closed on my house last week. 4 days after the purchase we had a rain storm and the roof leaked in multiple areas, one area seemed to have been ongoing. There were areas that were tarred but the area was deemed sound at the time of sale and only cosmetic (I believe the contractor that assessed... Read more »
Is someone at fault? Yes, but mostly you for not having a lawyer advise you on the largest purchase of your life. Now, you will need a much more expensive review to determine who, if anyone, breached their duties to you. Sorry. It cannot be reviewed without the contracts, the advertisements, the...Read more »
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