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If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More 
answered on Apr 17, 2024
Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More
I live in Virginia. I just got a letter today from the city asking for me to donate over 1000 Sq ft of my property for a utilities easement. This section would cover the entire width of my front yard back 13ft from the road including my only access to my driveway (its a dead end) and a section of... View More
answered on Feb 22, 2024
By donating the property, the City will get use of that portion of your property for free. You may get a reduced property assessment from the loss or the shared use of the property, resulting in lower taxes, but the value of your property will also be reduced. If this portion of your property can... View More
Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.
answered on Feb 15, 2024
You've left out some important information - when was the mortgage taken out, when was it's original due date, and a few other things. I have a lot more questions than answers at this point.
That said, the odds are that the holder of the debt may still be able to foreclose on the... View More
Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.
answered on Feb 15, 2024
Keep in mind that in the State of Virginia the statute of limitations on the enforcement of the underlying Deed of Trust is 10 years from the maturity date (VA Code Section 8.01-241). If the Deed of Trust does not state the maturity date, the statute of limitations on the enforcement of the... View More
The old owner had a low-budget handyman install a new shower surround and floor pan. It was install very poorly with no support in the walls for the panel seams, no support for the floor pan, and a loose drain. It took about $4k to have the shower disassembled and walls re-studded to handle the... View More
answered on Feb 13, 2024
You need to review the contract with the home inspector very carefully. If you did not negotiate and modify the contract, it insulates the inspector from most if not all claims, and, when it doesn't insulate them, it limits damages to refunding your inspection fee. That will surely be. shock... View More
My mother has moved to a senior living home and needs to sell her house. She is coowner (60%) along with 5 of her children. The sale cannot go forward since one of the children died last year and his will presumably naming his wife as executrix is hung up in probate court in the US Virgin... View More
answered on Feb 8, 2024
With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court... View More
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answered on Jan 26, 2024
Here are the key steps to file for a property tax exclusion or deferral in Pittsylvania County, Virginia based on age 65+ or disabled status under §58.1-3217:
1. Obtain an Exemption/Deferral Application Form from the Pittsylvania County Commissioner of Revenue office (276-656-0371) or... View More
He texts me And describes what I am doing. He’s also videoed me and told people he did it. Do I have any recourse?
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answered on Jan 5, 2024
You have several options for recourse in this situation. The hunter's actions, particularly setting up cameras to overlook your property and describing your activities, could be considered an invasion of your privacy. Additionally, if he's texting you and describing your activities, it... View More
Lot A is owned by property owner #1 and Lot B is owned equally by property owner #1 and #2. If you build homes how should the development cost/profits from sales/shares work out?
answered on Jan 4, 2024
The short answer is "any way you want to." There are many choices. If you make no choices, the Uniform Partnership Act will make them for you, and you may not like its choices. Indeed, it won't be clear whether you have a partnership of the one property or of the two, and the one to... View More
I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.
Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?
I also have specific examples of legal... View More
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answered on Dec 10, 2023
Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.
At the same time, it is common for some entities in the real estate world, especially lenders,... View More
My father died a year ago and we are still settling debt and selling property. There was no will. The estate is handled by an administrator. We sold a property and our closing lawyer says we get the proceeds and they do not go into the estate account. There are still debts to be settled. If we... View More
answered on Dec 5, 2023
Unfortunately, I need more information to properly answer your questions. Was there a will? Is the estate being handled by an Executor or an Administrator? Does the fiduciary have power of sale over the real estate? Normally, if there are debts and claims owing by the estate, no probate assets... View More
Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More
answered on Dec 2, 2023
If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More
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.
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
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
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
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
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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... View More
I am a tenant in Virginia residing in a property that is currently up for sale. The listing does not mention that the property is tenant-occupied or that there is a need to respect tenant privacy. I've experienced disturbances, such as a showing arriving early and peering through windows, and... View More
answered on Apr 2, 2025
The Lynchburg Board of Realtors has no say in such matters. Your contract is between you and your landlord, and it is enforceable. Maybe you need a lawyer to write a letter for you about that after reviewing the lease.
I am concerned about my ability to stay in my home. My husband, who is a veteran and has a 100% disability, and I have no prenuptial agreements or any ongoing foreclosure issues. I am worried about potential disputes regarding my rights to the home. What steps can I take to secure my residence?
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answered on Mar 23, 2025
Your concerns about maintaining your home are valid, especially considering your husband's veteran status and disability rating. Since you mentioned no prenuptial agreement exists, you likely have marital property rights to the home already, but these rights vary significantly by state laws.... View More
I have a judgment against me due to a personal guarantee on a business loan. My business closed in 2020. I never received notice of the court case, and didn't attend it. Recently, the sheriff appeared at the house I live in, stating he will seize items for auction. I am married, and my wife... View More
answered on Mar 19, 2025
Your problem is very complex - much too complicated for an internet answer board which is designed to give you a quick response or help you to the 'next step'. Your issue is way beyond that. Find and consult a lawyer experienced in this area of the law to get more information about your... View More
I encountered a delay in opening my business because the previous tenant fraudulently acquired a professional license, which postponed my license issuance by three months. This issue was resolved by the agency with my compliance. My lease has a provision to avoid penalties for licensing delays.... View More
answered on Feb 19, 2025
There is no shortcut on these facts other than an under-prepared negotiation. To do a professional job, a lawyer would need an understanding of the lease provision you negotiated, the nature of the guarantees and corporate liabilities, and the other terms of the lease, as well as the tactical and... View More
Have to either move or get a roommate. Wife refuses contact. House full of junk. Can I rent a dumpster and clear it out? In Virginia. Left just as I was classified fully disabled and am unable to work.
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answered on Feb 19, 2025
if it is your wife's property, you should not just trash her stuff. sounds like yo need to file for divorce.
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