Virginia Real Estate Legal Questions

The party filing  the lien has to file a suit to enforce the lien within 6 months from the time the lien was recorded, or within 60 days of when the building was completed, whichever is later, to enforce the lien. In a nutshell, it will die a natural death if no suit to enforce the lien is filed. The suit to enforce would be filed in the Circuit Court of the same county where the lien was filed.   If you need it released more quickly, the lien can be "bonded off" by getting an insurance company to bond off the claim, at which point the Circuit Court will enter an order removing the lien. ... Read More

Get a lawyer to search the title and work with you on a "FAMILY TREE", determining who the heirs are that would need to sign a deed so you can get a 100% clear title. If he owned the property alone, the pecking order for inheritance is generaly this: 1. wife;  if no wife, then 2. children. If any children have died their children may have inherited the interest of their parent; if nobody in 1 or 2, then 3. Parents, and on it goes...    ... Read More

Under 99% of the contracts I see, the seller is obligated to give you clear title, which means no liens. The seller should pay off the lien; often it is deducted from the seller's proceeds at closing. If the lien exceeds the sales price, the parties can negotiate with the lienholder to see if  they will take less. ... Read More

Wow, what a lousy gift. Normally for a deed to be valid, there must be "delivery"; in the old days, it meant literally handing over the deed.  Nowadays, it's a bit fuzzier with separate parties at separate locations.  I'd suggest writing and telling the HOA, or collection agency that it was deeded to you without your knowledge and that you have never accepted an interest in the property. Send it certified mail, return receipt.  Also let them know that if this appears as a delinquent account on your credit, they'll be hearing from your lawyer and the Consumer Protection folks. Good luck.... Read More

There is no law requiring landlord's insurance but you'd be out of your mind to not have it-just for example, a client of mine had an unknown mold issue and a tenant got very sick-without insurance, he would have paid out many thousands of dollars. Lenders require insurance where there is a loan, but if your propery is lien-free, it's your decision...but it's truly a no brainer-get the insurance. I would not rent out property without it.... Read More

You are only responsible to replace/repair what was there-soiled carpets but unless you have proof that the carpet was already lousy, the landlord may insist that you created the damage. if the pre-move in walk through sheet notes the carpets were bad, you're in business. I'd suggest just talking to the landlord. It's possible your dog's urine culd have seeped through and caused damage to the underlayer.... Read More

This could be a doozy. if your husband was gifted "7%", with no specific location or description, meaning he received a 7% interest in the whole 84 acres, he has to do one of two  things: (1). Get all of the heirs of all of the siblings to agree on a physical division of  the property into pieces, or (2). File a partition suit so that the whole parcel is sold and your husband receives 7% of the net sales proceeds.    If your father in law's parcel was never surveyed off and separated from the 84 acres, it will take a bunch of signatures to get clear title to a portion of the 84 acres.      It all depends upon the description of exactly what was gifted to your husband, whether a defined parcel, or 7% of the whole.    ... Read More

If the co-owners and you can't reach an agreement on selling your interest to them, you can file a "Partition Suit", which normally ends in a Court-ordered sale of the property at auction, with the net proceeds divided among the owners in proportion to their interests. You'll need a lawyer to file such a suit as there are some technical aspects to it but it's a way to force a sale of the property.  Any real estate lawyer will be well familiar with the process.  ... Read More

Virginia law leans toward the idea of buyer beware. This idea is that a buyer has the duty to investigate the property and become fully educated on the property to be purchased. The seller does not have to provide a list of issues with the property. However, the seller must be honest when asked questions and cannot hide problems. The seller must also provide certain disclosures under Federal law. The most popular Federal disclosure is about lead based paint. The Virginia code has a chapter concerning property disclosures under section 55 chapter 27. Virginia DPOR provides a form for sellers called the "residential property disclosure statement."      *This answer provided for informational purposes only.... Read More

No, you're not. If you are using the purchased property as collateral for a loan, the lender will require a title search but if you're paying cash, it's strictly up to you. I can tell you as one who has searched titles for 35 years, not every title is clear even if it has been searched previously. When real estate boomed a few years ago, I observed folks searching titles that had no idea what they were doing in some respects and I've found more title problems that occurred during that time by far than any other era. If a property has gone through a foreclosure, there's a decent chance there are some problems there. If a property has never been through a foreclosure, and you've personally known the family owning (and now selling)the property for 30-40 years, your risk is probably very slight but there is a risk.  I would never advise one of my sons to buy without  a title exam; in fact, I prefer having a lawyer search done although real estate lawyers that do their own searches are more likely in rural areas and extremely unlikely in metropolitan areas.  ... Read More

There are some requirements that must be proven to get a prescriptive easement, other than just using it regularly for the required period of time, and the only setting where you can get such an easement confirmed is in a law suit seeking to establish the easement. You'll need to file a suit in the Circuit Court to establish the right of way, showing that it's been used as matter of right (not permissive), more  than 20 years, exclusively (which might be an issue in your situation), etc. ... Read More

Your closing attorney should review a copy of the trust agreement to make sure the trustee has a power of sale over real estate. At closing, the POA must provide an affidavit that the POA remains in full force and effect, unrevoked. This is a transaction where you will definitely want to buy owner's title insurance, but with a review of the trust and the POA by a real estate attorney, you should be as safe as in any other transaction.  If you are paying a fair price, not a bargain basement type thing, and if you have no personal connection to the POA, there should be no worries about a claim of fraud.... Read More

This sounds funky. If the lawyer searched the title, he's responsible for matters that could have been found. If a title company searched the title and you bought an owners title policy, that policy should cover you. Either way, title insurance should have been explained to you at closing. Look at your settlement statement to see if you paid for a title exam or title insurance.... Read More

Without reviewing your contract it is hard to give a definite answer. Assuming all inspections and contingencies have been satisfied, your way out is limited. By walking away you will likely lose your earnest money deposit. Also, if you signed a brokerage agreement, you may be liable to pay liquidated damages to your realtor.There may also be a liquidated damages clause in your purchase contract.  If you and your wife are separated, it may be possible that your ability to get the loan is hindered. In some contracts the purchase is contingent on financing. If you cannot get financed without your spouse then you may not be breaching the contract. My advise is to continue to discuss this issue with your realtor and carefully review your contracts.    Note: This answer is for general information only and does not constitute legal advise nor does it create an attorney client relationship.  ... Read More

You're in a tough spot as there's little you can do. If you can convince the association that chasing you for money is a waste of time, they might allow you to deed it back and cancel the account but it has to be done by agreement, and timeshare folks aren't known for flexibility. I have had clients have luck donating their timeshare to a charity that sells it at a silent auction or other type of fund-raiser, if it is fully paid for.   I'm sorry I can't offer better suggestions but it's a tough thing to unload once you own one.... Read More

A deed of correction should suffice; if you have the actual original deed, you can also mark through the incorrect name, write in the correct name, get the parties to all initial the change, write in the margin an explanation of why it is being corrected, and then re-record it in the Clerk's office. ... Read More