What can I do to get them out?
answered on Aug 26, 2023
The answer depends on the facts, and you haven't -- and shouldn't -- reveal them in an open Internet forum. I see you are posting from Salem, Virginia, and that is nowhere near my offices. Find a lawyer who does landlord & tenant law and real estate law in Salem Circuit Court.... View More 
Have scheduled a survey and one property owner is out of country for three years and not answering emails seeking permission. His fence, which may be located on my property, blocks surveyors from doing their work.
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answered on Aug 10, 2023
Usually licensed surveyors can go anywhere except some restricted areas to survey real property. That is what the license is for.
My home, land, and retirement accounts do not have his name on them, but the marital home that he lives in may be at risk of a foreclosure as he is behind on payments. He was given a year to get the mortgage refinanced into just his name, but he has awful credit and won't be able to. It's... View More
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answered on Aug 2, 2023
If you signed the Note then you are personally liable on the debt. After foreclosure the lender/noteholder may file suit to collect for any note deficiency.
The transaction has been paid off, but I have not seen any deed actually signed over to officially own the property without question. I also was given possession of the deed to hold safely, but was not named executor of her will. What, if any, rights to I have in the say of what happens to her... View More
answered on Jul 23, 2023
The assumptions in your posting indicate that you haven’t a clue as to proving title in Virginia. Seek out local, Virginia, real estate counsel, run a current owner search, and review the results.
I made 10% down payment via check for solar panel installation and signed contract. The company is forcing me to pay the remaining 90% before installation begins or else they won't install. There is nothing in the contract as to when final payment is due other than same day. I thought that... View More
answered on Jul 5, 2023
Perhaps you should have a a lawyer rev new the contract you signed?
The workers are destructive and debris from other projects have been left in my yard. The work started on the property without a work permit. In the process of gutting the property, the trash was placed against my fence but it was not damaged.
answered on May 3, 2023
You generally are not required to permit a neighbor to enter or use your property. If I recall from law school, there is a tiny exception for emergencies, but this doesn’t sound like that. You may wish to retain counsel to send a cease and desist and no trespass letter or to negotiate a more... View More
I would like to know, I own 2.39 acre of lot in a R1 zone and would like to gift 1 acre to my family member by subdividing. What are the necessary requirements as an owner to do this? My HOA document does not permit any subdivision, but there is a provision to make it a new amendment, but the... View More
answered on Apr 19, 2023
There is no cookie-cutter answer to this type of question. You start with a title search and review of all controlling documents, including the HOA docs and local zoning, because they often don’t say what people say they say. From there, you start negotiating to get where you are trying to be.... View More
Property was listed as community lot. Is in deed. Escheated 30 years ago. Continues to be listed in any lots sold in development.
answered on Apr 18, 2023
The question is confusing, because the word escheat means that the state took it and it doesn’t belong to whomever it belonged before. The best place is to start with a title search and a review of whatever happened 30 years ago,
guy wont acknowledge my phone calls or text ... what Do I do
answered on Oct 26, 2022
Probably pay him again.... Or, pay a lawyer to develop proof that you paid, escrow the disputed funds, and sue.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or... View More
We had two ratified contracts since Tuesday morning in Fairfax County, Virginia. The first buyer backed out because of the HOA clause, but told our realtor that they didn't know the mortgage payments would be so high. The second buyer is currently looking to renegotiate or stated that they... View More
answered on Oct 14, 2022
It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.
But, I must ask: Why are you not sharing the HOA docs when you... View More
VA Code § 55.1-1236 (2021)
answered on Oct 14, 2022
It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.
Edit:
55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.
Some points (this box isn't enough for all... View More
answered on Oct 4, 2022
Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... View More
My landlord is suing me for damages. I received my bill of particulars but only estimates no receipts can the judge rule in the plaintiff's favor without any proof that is what she paid?
answered on Sep 29, 2022
You have to defend the lawsuit. If you allow a default to be entered, you're done.
My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... View More
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answered on Sep 20, 2022
You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.
We have an agent, he has an agent, and a title company. We purchased title insurance.
We are concerned with the potential legal and financial ramifications that could come from this.
We have a repair addendum that will not be able to be done. Can we ask for an escrow of funds for... View More
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answered on Sep 12, 2022
At least the seller, and probably his agent, knew he was looking at a murder charge, so he decided to sell and run. You might want to walk away from this as the victim's next of kin might file a wrongful death action and set aside any transfer of assets. Consult with a VA attorney for... View More
We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... View More
answered on Sep 8, 2022
Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... View More
I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... View More
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answered on Sep 8, 2022
Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.
Also, VA property code must be added the claim. Additional statement must include language that communicate if a party dies what happen to the property.
answered on Sep 6, 2022
It depends on how the three grantees will take title/ownership. But, most importantly, you need a lawyer to draft the deed to make sure everything is done properly.
My 6 siblings and one will not get out for me to sell the house in virginia. What can I do without having to go through probate
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answered on Sep 2, 2022
Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.
He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage
answered on Aug 14, 2022
You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... View More
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