Legal Question in Real Estate Law in Virginia

If there is a home equity loan taken out do all children of the deceased parent have to sign that it is ok. (even the legal adopted ones)? And then can that person go back and get an increase line of home equity and the children do not sign again?


Asked on 2/17/14, 8:29 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Not sure what you are asking, but let me try to answer. If the property has been inherited from a parent by all that parent's children, a bank will typically not lend against that property without all owners signing, as their right to foreclose in the event of default would otherwise be limited to the fractional interest of the person signing, and that has little value by itself. Once the home equity loan is in place, the terms can require signatures of whatever persons as agreed with the bank. An increase in the line, though, as opposed to a draw, would require all signatures as it requires a new or amended deed of trust. As to who has to sign initially, that would be all owners of the property, which is determined by the law of inheritance of the state where the property is located, in the absence of a will.

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Answered on 2/18/14, 4:54 am


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