Wait for him to sue and put on his case, or, after suit, file a motion for discovery.

It depends on what you pledged as security in the Deed of Trust, but I'm willing to bet that they wouldn't have given the loan unless they were secured in the real property. A quick title search and lawyer's reading will resolve the question.

I'm confused by the question. Was this a forced, foreclosure sale, or was this a marketing approach? If your mother still has an interest in the property as the Seller, then you need to review the contract to determine whether you can keep the deposit and then re-auction the property. If this... View More

If you agree, it’s probably legal, though you might want legal review. Why would you sign it? Is anyone being mislead?

If you file a garnishment summons, you and the employer are required to appear before the court. The clerk's office will give you a list of required documents that are required and the forms of service if process. If any money is withheld by the employer, it will be sent to the court and... View More

In Virginia, real estate passes automatically on decease subject to a petition by the executor to recapture the property to satisfy the debts and claims on the estate assets. The best bet is to retain counsel to interface with the attorney for the estate to resolve estate debts.

Reading an... View More

If the plaintiff in the adverse possession lawsuit properly filed a lis pendens, you will be unable to close a sale with loan money or title insurance. There are legal strategies that might help, but they depend on the situation and are complex. You should doscuss the situation with the lawyer... View More

In Virginia, only the Sheriff can serve a Writ of Eviction, which must be issued by the Court. A co-tenant has no power to issue an eviction notice.

I’d need to read the contract to know the answer. Clients assume that the contracts are all the same, and they aren’t. In any event, all parties can always agree to walk away.

You will need to petition the Court in the city or county where the premises is located and ask the Judge to make a determination about who is right regarding the residential lease.

You need a lawyer to review the notes and the deeds of trust or mortgages as well as the language in the trust and the applicable state law. If he had the power to use the corpus for his own needs, the daughter may be out of luck. If the notes are his and he had resources and he violated his... View More

Tell her you are going to file a Petition for Sale in Lieu of Partition, and, when she doesn't answer in a week. hire a lawyer and do it. The statute is quite clear. In the end, the legal fees will be shared by all of the parties, and there are no defenses. The elements are (I'm doing... View More

That your brother is paying the mortgage is not relevant to identifying who owns the property. Assuming you are the only name on the deed, you own 100% of the legal title to the property. Once you add your brother's name to the deed, he will own some of the legal title to the property. The law... View More

Each tenant who will make a claim for the landlord's failure to return the security deposit must file their own claim in the court, but all claims can be scheduled on the same court date. In small claims court, no attorney will be permitted by rule of the court.

I’m sorry. Your question is very hard to understand. Assuming your mother passed and left a binding, legal Will, the instructions in the Will will be followed in probate as to her children and son in law. You should retain an attorney to help probate the Will, because you do not have the skills... View More

The answer depends on a number of factors including, at least:

1) How the house was titled to her parents;

2) where each parent resided at time of death;

3) When each parent died;

4) Where the House is located;

5) Who anywhere in the chain of title had a... View More

Yes, if permitted by he lease agreement.

Whatever is the rent amount in the new lease agreement will be binding on both the landlord and the tenant. Oral agreements or post it notes are not binding agreements.

The point of having a written contract for sale of real estate is to create enforceable rights. If you wanted a voluntary whatever-agreement, then you wouldn't have a written contract. Read it. Have a lawyer read it. Enforce it. Hint: Enforcement is often done in courts and sometimes involves... View More

Only the lessee who is on military duty has the right to invoke such a termination provision.