Virginia Real Estate Legal Questions

You can't, but you can file a partition suit and ask the Court to approve of and accept a private offer for the property as a means of partition. You'll need a real estate lawyer to do this. Perhaps a threat to the stubborn one to do this might move the matter as everyone will then spend money on lawyers if you go the partition route. Good luck.... Read More

If the house was left to a named individual, and is not an asset of the estate to be sold to pay debts, and doesn't need to be sold to divide it among multiple beneifiicaries, then no the estate should not use estate funds for repairs.   Contact the Commissioner of Accounts for the county/city where the will was probated. ... Read More

If  a list if heirs was filed in Wisconsin, which would show you are their rightful heir, get an attested copy from the clerk's office in the county where they lived, and record it in the Virginia County where the property is located. If there was nothing done in Wisconsin, talk to your local Circuit Court Clerk. You may be able to prepare and file a list of heirs here but will need death certificates for both grandparents.  That should effectively show the transfer of the property to you.  If there are heirs other than you, grab a real estate lawyer as then it's more complicated.... Read More

When the property is sold by the lender, first all sales expenses are paid, then the debt, then any remainder goes to the owners. You need to contact the lender to make sure you get your share of the excess if there is any money left. If the property is in both your name and your husband, the lender will probably cut the net proceeds (if any) check to the two of you and let you battle out who gets how much.  I am not sure how your figure that 78.5% of the equity is yours, unless a Court has so ruled. You should hire a lawyer ASAP to contact the bank and the foreclosing trustees, and to file whatever needs filing if you plan on anything other than a 50-50 split.  ... Read More

In all candor, this makes no sense. A "Deed in Lieu" is when a borrower is behind on their mortgage and agrees to simply convey the property to the lender, a "Deed in Lieu of Foreclosure". The deed has to be recorded. If you are buying from a lender, perhaps the deed from the previous owner did not get recorded and is lost. The bank will need to get the previous owner to sign another one, or foreclose, to get title to the property. A quick title search would reveal if the deed in lieu was recorded.... Read More

Ouch, this one is complicated. You need to see a real estate lawyer and ask about a Resulting Trust, that might get you your money, or a partition suit.   You could be going uphill since their name is on the deed. The lawyer will need to know all of the facts about the purchase, your relationship, etc. to really answer your questions.... Read More

If "heirs" means there was no will giving an Executor a power of sale over the real estate, then all owners must sign to list the property for sale, and all must sign the deed to convey the property.   A partition suit can be used to force a sale of the property, normally at public auction, even if one owner disagrees. ... Read More

A deed of trust and mortgage for most purposes are the same thing. If a person is not an owner of property, or a co-owner, so that their name is not on the deed and they didn't inherit an interest, then there's nothing for them to quitclaim. If a person signs the note, the document where it is agreed to pay the lender the loan amount plus interest, only the lender can release them from liability, usually done by a document simply entitled "release", or a "certificate of partial release".... Read More

Ouch. You are obligated to sell and if you don't, not only can you be sued and forced to close, under most contracts you would have to pay the legal fees for both sides and the real estate commission. Double ouch.   If your contract was contingent upon your finding another house, that might be an angle but you should have a lawyer look at your contract ASAP. Assuming the contract provides no help, about all you can do is throw yourself at the mercy of the realtor and the buyers, explain the situation (emphasize the kids being upset)...and hope their loan isn't approved, maybe offer money to the buyer to buy your way out. Good luck.... Read More

It depends on your contract with the inspector. Most limit their liability to the amount paid for the inspection, but it depends upon how the contract is worded. They normally truly are just an opinion of the inspector, not an insurance policy against defects...but read the contract as that should answer your question.   A lot of folks don't realize this when they have a home inspection done. Good luck,... Read More

Normally the final decision on a settlement is up to  the client but the agreement with your lawyer may well provide that if he disagrees with your decision, he has the right to withdraw. Look at your retainer agreement, that should answer your question. Many lawyers reserve the right to withdraw in such a situation as they don't want to get in a spot where there is available a very good and fair settlement but a client for other than sound reasons (in their opinion) wants to battle onward.... Read More

You really need to see an Elder Law attorney but no, you should not put the property in your name-a power of attorney can never be used to benefit the person holding the power. Her home normally isn't counted as a resource when determining eligibility for Medicaid (not Medicare) for a period of 6 months, but once it's clear she will have to stay in a nursing home, then it needs to be sold and the money used for her care.    If you sell it now, the proceeds are a resource that will keep her from being eligible for Medicaid until spent on proper and allowable expenses, primarily her care.  Truly, contact an Elder law attorney. For some preliminary info, google "Medicaid regulations-sale of home" and you'll get an idea of how the system works, or call your local social services  department. Good luck.... Read More

Probably not unless you could prove they deliberately concealed the problem from you. The disclosure laws make it tough as you likely signed documents saying you knew it was up to you to check it out as much as you wanted. Have a local real estate lawyer look at your contract to be sure but you're probably better of spending your money on repairs as opposed to litigation.... Read More

Real Estate contracts normally have to be in writing and signed to be binding under a doctrine called the "Statute of Frauds", which requires certain contracts, including contracts for the sale of real estate, to be in writing. If your sister could prove she changed her position financially to her detriment based upon your oral representation, she might have a claim but it would seem pretty doubtful.  Unless she paid you for the right of first refusal, I think she is unlikely to successfully mount any legal challenge to you selling to the other sister.  That's the legal analysis; the practical side is the first sister will likely get mad over all of this. Ask sister #2, with whom you have nothing binding legally, if she would help you try to maintain some semblance of family harmony by offering it to #1 but with a written contract to be signed, to close within 30-40 days. That may smoke out that #1 really can't buy it anyway...if she won't sign a contract, and put down a deposit, move on to #2.  Good luck. Family messes are always the worst.    ... Read More

Not an easy problem to solve at all. Locally, I've had 3-4 people donate the time share for a charity auction, and if it sells, they pay off the unpaid HOA fees then the unit was deeded to the purchaser. We were able to sell 3 units like this, one in Virginia and 2 in Florida.     You can offer to deed it back but many companies won't take them back. You can also try to offer a monetary amount, plus the deed, just to get rid of it. I'd suggest (1) see if the HOA will take it back; (2) if that fails, try the charity route-boys scouts, girl scouts, little league-any nonprofit that might be doing a fund-raising event.(3) This would be the "Will you take it for $____?" Most of the companies thast advertise deals to sell it for you end up taking your money with no good results.   Good luck.... Read More

This is a biased answer as I do a lot of real  estate work, but I would never ever buy a house without a lawyer. Title companies cannot answer legal questions and cannot explain documents. I am an old schooler that does my own title work but I see a lot of messed up titles that had mistakes missed by inexperienced title examiners, many occurring when real estate was booming. Get quotes from a couple different real estate lawyers, and get owners title insurance, but title insurance is just that-insurance. You want things to be fine when you buy, not fixed later.  Title companies can be very slow to "fix" problems, such as missing releases.   Every closing is not the same-I do them every week and a lot of things can happen. Most problems can be resolved but not all.  Good luck.  ... Read More

If you can prove you paid the money to him ,you will likely  need to file a suit, joining in anyone trying to sell the property as a party, along with your brother in law, and try to get a Court order transferring title into your name, free of the claims of his creditors. Move quickly on this one.   If the bankruptcy trustee is trying to sell the property, you will likely need to file in Bankruptcy Court to halt that sale.... Read More

HOA's can be a royal pain but that's why you recieve an info packet about the HOA before buying. Unless they have a legitimate interest in seeing your leases, no. Ask them to give you written documentation as to their legal authority to see a private contract.Read your lease carefully, and the rules and regulations, to be sure you know what the rules are before giving the leases in any event-perhaps there are regulations about the number of people, or renting, or something else...but you won't know until you review these items carefully. Good luck. ... Read More