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Virginia Real Estate Law Questions & Answers
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

1 Answer | Asked in Real Estate Law for Virginia on
Q: scenario . . . three sibilings receive a residental house through an estate ( beginning june 2022 )

an agreement is reached between siblings and one of them buys out the other two ( april 2023 ), so the house is now owned by one person ( sibling ). i am buying this house ( july 2023 ) with title insurance. do i need to worry about any future lawsuit from any of the siblings ? extended... View More

Richard Sternberg
Richard Sternberg
answered on Jul 7, 2023

Before you close, your title agent will order a title abstract that shows who holds legal title. The insurance company and your lender will not allow the closing to proceed if the seller does not have good title. While it's best to read the actual contract to be sure of this, it's more... View More

2 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Virginia on
Q: An estate is trying to evict us. The owner died but we paid him a cash towards the property with verbal agreement.

We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 20, 2023

The wording of your description of the circumstances is not clear. Contracts can be verbal or implied through action. Verbal contracts can be written or oral. A trailer may be personal property or it may be part of real estate if attached and the title is changed. An estate acts through the... View More

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2 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Virginia on
Q: An estate is trying to evict us. The owner died but we paid him a cash towards the property with verbal agreement.

We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2023

Oral agreements on real estate are not binding. All contracts regarding real estate must be in writing. Sometimes, a writing can be found from things that aren’t thought of as writings, such as an email, receipt, or check. You need to review your specific facts including every written... View More

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2 Answers | Asked in Real Estate Law and Estate Planning for Virginia on
Q: 2nd great grandfather leaves 85 acres to 14 children and all descendants, 1 still alive. Every descendant entitled?

a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More

Richard Sternberg
Richard Sternberg
answered on Jun 7, 2023

The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... View More

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

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

Richard Sternberg
Richard Sternberg
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... View More

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

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

James H. Wilson Jr.
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James H. Wilson Jr.
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... View More

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can Unison determine the dollar amount for their end agreement when a property is sold?

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.

James H. Wilson Jr.
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James H. Wilson Jr.
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... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor rehabilitate squirrels in our HOA community?

I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... View More

Peter J. Weinman
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answered on May 17, 2023

I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: If an unmarried couple owns a house together and then the relationship ends, can you get the other owner out somehow?

This is in Virginia. The woman came into the relationship with nothing and makes half as much as the man. She can't afford the mortgage, but he can and wishes to buy her out. She refuses to let him do so. Is there anything that he can do? If they do have to sell, does she automatically get... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Apr 28, 2023

A lawyer may advice you to file a partition claim in which the lawyer may further suggest to ask the court to buy her out. But, all of these depends on how you both own currently own the property, how long you lived, who paid for down payment, who pays for mortgage, utilities, other expenses, etc.... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Virginia HOA violation, do I have any legal right to fight it

New homeowner here home was purchased Oct 2022, there is a built in playhouse off the deck that has been on property since Aug 2021 with no issues. I received a violation letter in the mail stating that this was not approved by the ARC committee and I need to file plans and have them approved or I... View More

Peter J. Weinman
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answered on Apr 6, 2023

Unfortunately, the fact that the HOA did not know about or complain about the structure may not be sufficient grounds to argue its existence. When you say "file plans," do you mean with the HOA or with the local municipality? Can you establish that the HOA is picking on you or otherwise... View More

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