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Virginia Real Estate Law Questions & Answers
3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 24, 2025

You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More

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3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2025

You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.

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1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Which deed to use for transferring property to a revocable living trust in Virginia?

I own a fully paid-off property in Henrico, VA, purchased with cash and confirmed to have no liens through a thorough title search and title insurance. I want to transfer this property to a revocable living trust I recently established to avoid probate. Could you advise on whether a Quitclaim deed... View More

Anthony M. Avery
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answered on Mar 14, 2025

Hire a VA attorney to draft that Deed. It must go to the Trustee with specific language so that he can convey the property later without question. Your Trust needs to be examined for enforceability, but probably does not exist until corpus is conveyed to the Trustee. QCD or WD is irrelevant... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Public Benefits for Virginia on
Q: Remove my name from house deed with mortgage in VA

I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 7, 2025

Mr. Sternberg is correct - you need to consult an Elder Law attorney before you do something foolish. To find one, you can go to the Virginia Academy of Elder Law Attorneys (VAELA) website - www.vaela.org - and find several near you. The system indicates that you're in Northern Virginia -... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Public Benefits for Virginia on
Q: Remove my name from house deed with mortgage in VA

I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

Richard Sternberg
Richard Sternberg
answered on Mar 7, 2025

Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: How to transfer property to co-heirs when widow died intestate in VA?

I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More

Richard Sternberg
Richard Sternberg
answered on Mar 1, 2025

You need to map out the family tree of the wife carefully, so you need a consult with a lawyer and, possibly, a genealogical expert. Unless some estate planning was done, it seems unlikely anything goes to husband’s descendants, but you might get a fee for acting as Administrator if you can qualify.

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: How to transfer property to co-heirs when widow died intestate in VA?

I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 3, 2025

This is a difficult question to answer without more information. If the widow inherited 100% ownership in the property, only her blood line will matter. When someone dies in Virginia, without a will, owning real estate, Virginia Code section 64.2-200 govern the course of descent. I have attached... View More

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Virginia on
Q: Can we sue property management for negligence after flood in VA?

Do my roommates and I have grounds to sue our property management company for negligence in Richmond, VA? The company neglected multiple maintenance requests, including a storm drain leak that led to our basement flooding. Despite notifying them immediately, they delayed repairs, allowing the leak... View More

Amy McMullen Harber
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answered on Feb 27, 2025

Suing is an option available to you if you can establish negligence or breach of contract, but there are other options as well - including filing insurance claims with either your renters’ insurance or the complex’s insurance carrier. I would recommend consulting with an attorney about the best... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Remove name from deed without compensation in Virginia.

I am listed on the deed of a cottage property owned by my mother in Virginia. My name was added when I was a child in 1970. I want to remove my name from the deed without receiving any monetary compensation. I haven't discussed this with my mother yet, and I'm unsure about any mortgage or... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 19, 2025

This process is not difficult. You should understand that you are not removing your name from the title to the property, but conveying your interest to the desired party. Without any consideration, you would be executing a Deed of Gift that is exempt from recording fees. If your mother is the... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: How to establish appurtenant easement for recreational use land in Augusta County, VA?

I have permission from my neighbor to use a portion of their land for recreational purposes, which was agreed upon verbally by both the previous and current owners since December 16, 2020. We currently have an easement for our well located on that 2/10ths of an acre section, which is part of our... View More

Richard Sternberg
Richard Sternberg
answered on Feb 17, 2025

To be enforceable, it must be in writing and signed by the grantor. To be useful in the event of a sale of the property. it should be recorded properly. To be unambiguous, it's not a bad idea to have the easement surveyed so it is described accurately in terms that won't change when a... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

Richard Sternberg
Richard Sternberg
answered on Feb 17, 2025

You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

Amy McMullen Harber
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answered on Feb 17, 2025

Your insurance company has likely assigned your claim to a subrogation adjuster or attorney to try to collect their costs & your deductible from the responsible party. The first thing I would do is reach out to your carrier to find out the status of the subrogation process as it can take many... View More

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Virginia on
Q: Can an executor change a name on a gift deed in Virginia?

My mother set up a gift deed in my name for her house before she passed away. My brother is named as the executor of her estate. We do not get along well. I want to know if there is any way he could change the deed or take the house away from me after her death, even though the gift deed was made... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 17, 2025

If the Deed was duly recorded and your mother had the requisite mental acuity to execute the Deed, you should be fine. However, it would help to know the exact type of Deed that was recorded and when it was recorded. For instance, if it was a Revocable of Death Deed and did not get recorded prior... View More

2 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: How would split payment methods for a home purchase between two individuals be viewed by the IRS?

I am looking to purchase a home with a family member, however we are looking to split the total purchase cost where they are paying their half up front and I am getting a mortgage. We both will be on the title, but I would be the sole holder of the mortgage. From the IRS' perspective, is their... View More

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 12, 2025

Based on the details provided, this situation would not be considered a gift. The other family member is paying for their half of the property upfront, and you are using debt to pay for your half. There is no transfer of assets between you and the other family member. Your ongoing mortgage payments... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Richard Sternberg
Richard Sternberg
answered on Feb 10, 2025

If you open a foreign LLC to do business in Virginia by owning and renting property in the state, you will need to register the foreign corporation or LLC in Virginia. You will not be exempt from Virginia sales or other taxes on the Virginia income. So, you will pay corporate franchise tax in both... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 11, 2025

If you don't already have an LLC to work with and you are only interested in buying and renting or flipping property in Virginia, a Virginia limited liability company should be all that you need to protect yourself. If you formed an LLC in another state for whatever reason, you would still... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Ross Cameron Hart
Ross Cameron Hart
answered on Feb 11, 2025

Mr. Sternberg is correct - you have three choices: 1) own it in your own name; 2) own it in your Wyoming LLC AND register that LLC in Virginia (for about the same cost as forming one) or 3) form a Virginia LLC and own it with that.

Some gratuitous advice: many years ago a real estate...
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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Do we need a lawyer to draw up a sales agreement to be legally binding or can we just have it notarized

Can it be self typed and witnessed and notarized to be binding

Alexander J Tanios
Alexander J Tanios
answered on Jan 29, 2025

Contracts in Florida typically do not have to be notarized or witnessed, unless the contract is found on the deed itself such as a "contract for deed" or "Land contract." You are best served by having a lawyer review or draft the sales contract because there are several expenses... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: Do we have to resort to a lawsuit against the sellers to have the damage taken care of?

We closed on a new home mid July. We allowed the sellers to stay in the house until September. Upon moving a piano the movers severely damaged the floors. Estimates that we have received by hardwood floor companies state in order to restore the floor to what it was requires complete replacement.... View More

Richard Sternberg
Richard Sternberg
answered on Nov 15, 2024

Unless you hired the movers, you have no privity with them. Your entire claim is with the Sellers. How much they collect from the movers is their business.

This is one of many, many reasons that most lawyers and title agents don't like leasebacks. If you aren't ready to close,...
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1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Virginia on
Q: Do we have a case against anyone(county, title company, pervious owner)?

When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More

Anthony M. Avery
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answered on Nov 6, 2024

Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More

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