Legal Question in Real Estate Law in Virginia

sale of property

lived on property for 10 years was buying it from a uncle who has now passed away.the loan was in his name i paid him. a cousin has taken over his affairs and wants the property sold. i have paid the loan for the 10 years . 2 lots of the property belong to other family members. when the house is sold who should get the money after the loan has been paid in full. should the cousin get whats left over or the person who was paying on the loan.thanks

Asked on 12/11/02, 1:23 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: sale of property

You apparently had what in the law is known as

a contract for deed type purchase arrangement

whereby the buyer makes(usually)monthly payments to the seller who retains title and legal ownership of the property until the buyer has made all the payments due at which time the

buyer should then receive the title to the property.

Unfortunately, if the seller dies before the

buyer has made all the payments, the title passes

with the decedent's other prioperty to his heirs

who may decide to treat the contract for deed

purchase arrangement as nothing more than a rental agreement which has now ended and under which they have no legal obligation to continue.

You may wish to consult with a real property practitioner in the area where the land is located to see if some kind of equitable claim can be developed in your behalf to salvage this situation for you, if not completely, then, perhaps, at least partially.

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Answered on 12/11/02, 10:52 pm

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