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Recording a real estate document in Virginia entails filing an original or electronic copy of the document with the office of the county recorder in the county where the real property is located. This practice note outlines the requirements for recording real estate documents in Virginia. Brief overviews of the purpose of recording real estate
WHAT IS A TENANT’S ASSERTION? DEMYSTIFYING THE “TENANTS ASSERTION” REMEDY UNDER VRLTA § 55.1-1244 The Virginia Residential Landlord Tenant Act (“VRLTA”) was enacted by the General Assembly in 1974. “A close examination of the Act as a whole reveals an integrated statutory scheme governing contractual relationships between landlords and tenants…” Isbell v. Commercial Investment Assocs.,
Effective January 2022 The new section of the Virginia Code, Section 55.1-708.2, requires “the owner of residential real estate property located in the Commonwealth who has actual knowledge that the dwelling unit is a repetitive risk loss structure shall disclose such fact to the purchaser.” What is “Repetitive Risk”? The statute further defines that “repetitive
In this article, we will cover the obligations of both Buyer and seller as well as the title company, brokers, agents and lenders (“Participants”) (presuming that a mortgage loan is used by the Buyer). Once the Buyer and seller have executed the contract, and all parties have received a copy of the fully executed contract,
BUSINESS PARTNERSHIP LAWSUITS – DISPUTES BETWEEN LLC MEMBERS, SHAREHOLDERS, GENERAL PARTNERS OR LIMITED PARTNERS By Faisal Moghul Depending on the nature of your entity – LLC, S Corp, C Corp, LP or GP – a different statute applies, if there is no governing document establishing the rights and relationship among the members, shareholders or partners.
WHAT IS A WARRANT IN DEBT? Simply put, a warrant in debt is a civil claim for money that is filed by the Plaintiff-creditor against the named defendant. § 16.1-79. Actions brought on warrant. A civil action in a general district court may be brought by warrant directed to the sheriff or to any other
American Law Institute, The Practical Lawyer, “Direct vs Derivative Claims: Permitting Direct Shareholder Actions for Closely Held Corporations,” by Faisal Moghul and Joseph Rugari (July, 2022).
If you are planning on buying real estate in Virginia along with someone else, then you must take several factors into account, particularly when the other co-owner is not your husband or wife, or a family member whom you trust. First, consider the form of taking title. Please read our article on Types of Deeds
NOTE: the following requirements apply to residential evictions only. EVICTIONS BASED ON REASONS OTHER THAN NON-PAYMENT OF RENT If the eviction based on reasons other than non-payment of rent (For ex: 30-day notice to quit) Ensure that notice was served upon the tenant(s); and File Unlawful Detainer NOTE: Tenant may not be eligible under the
