Virginia
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Call from a Debt Collector? Know Your Rights.
If you’re getting calls from debt collectors, you might have several issues going on in your life. You probably don’t have a lot of time to talk to a stranger trying to get you to pay them money. Or you might have all the time in the world but no money to give. If you…
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Getting a New Mortgage After a Foreclosure
Getting a new mortgage after a foreclosure can be challenging under certain circumstances. But if you want to buy another home, take heart because it is possible. Generally speaking, you will not be able to obtain a mortgage sooner than two years of a foreclosure. But you will be able to get another mortgage after…
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When You Should NOT File for Bankruptcy
Only bankruptcy will solve certain financial problems. Bankruptcy remains the first and best choice for many common cash-flow and debt issues. Avoiding bankruptcy when it is the smart course of action often does nothing more than make for more difficult outcomes. But there are certain circumstances under which you should NOT file for bankruptcy. If…
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Big Change to Virginia Landlord and Tenant Law
On July 1, 2017, a new law takes effect that represents a big change to Virginia landlord and tenant law. The law specifically affects tenants with landlords in foreclosure. Now leases terminate upon foreclosure. This is a big change and will affect many renters in Virginia. I have written (Does Foreclosure Terminate a Lease?) on…
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Is Bankruptcy the Best Option For Me?
There are times when a person has no choice but to declare bankruptcy, and the decision to file will not be a very challenging one at all. However, bankruptcy considerations are often accompanied by emotional stress and strain on personal relationships. Your life is not a theoretical situation. You must ask yourself: Is bankruptcy the…
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When It’s Time to Give Up Your Home to Foreclosure
Washington, D.C. homeowners facing foreclosure should very carefully examine their options, including voluntary surrender. Three conditions primarily determine when it’s time to give up your home to foreclosure. Affordability. If you can’t make your monthly mortgage payment anymore, remaining in your home may be economically unsustainable. Equity. If you sold your home on the open market,…
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Homeowners Association Foreclosure in DC, MD & VA
A homeowners association (“HOA”) or condo board in Washington, D.C., Maryland or Virginia has super-priority status over even first mortgage holders. Homeowners association foreclosure in the DMV is subsequently quite common. If you are unable to pay your condo or coop fees, your HOA can and will foreclose against your home. Homeowners association foreclosure procedures…
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Don’t Get Mad — Get Paid
Most of the civil litigation clients who come to see me want some person or company to pay them. You may be angry that the defendant has broken a contract or otherwise failed to deliver on some promise or warranty. You may even want the defendant to perform some specific action, and injunctive relief is sometimes…
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7 Uncommon Bankruptcy Assets
When you declare bankruptcy, you must be honest in your statements. You must list all of your property, even the most uncommon bankruptcy assets. List your assets in Schedule A/B. Be sure to include all real property, vehicles, inventory, home furnishings, clothing, jewelry, and all other tangible things that you own. Beyond personal and real…
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How Long Does Foreclosure Take?
Several factors affect how long it takes to complete a foreclosure in the District of Columbia. You may be living in the property, or you may have it rented. You may need some time to find a new place to live, or to save up for a security deposit. The bank may have paperwork problems…
