Home Buying in 38611>Question Details

Legalbegal123, Other/Just Looking in 38611

my landlord passed and im living in the home for over five years. there are no family members and no lien

Asked by Legalbegal123, 38611 Mon Jul 27, 2009

holders, are there legal ways for me to take possession of this house.

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This is a unique situation. Looks like you have a free ride as you do not have to pay rent. You want to take it one step further and take over the house altogether. You have to have legal grounds to take over this house. You have done some research to find out whether there is a lien on a house. What is supposed to happen here is this house should be eventually escheated to the State of Virginia as unclaimed property.

One thing I do not understand is why there is no lien on the house. How about real estate taxes? I doubt that the owner pre-paid them for many years ahead as no one does it. This house should have been auctioned off for non-payment of taxes. In any case, all of the above is just my (opposed to any legal) opinion.
0 votes Thank Flag Link Wed Mar 21, 2012
I'm not a lawyer; for legal advice you need a lawyer. However . . .

Someone probably owns the home. Your landlord did while alive. If he left a will, and the will was followed through on, then ownership should have passed to someone else. If he died intestate (without a will), then your state laws govern who received his assets. Or, if the house was in a trust, the question then is who owns the trust?

You need a lawyer to straighten all that out.

Assuming, hypothetically, that the house "fell between the cracks"--that the owner is still listed as your landlord, it wasn't willed to anyone, and the state hasn't yet noticed that the estate hasn't gone to probate--then you have to be proactive and trace where ownership should travel, and purchase from that entity. Again, a lawyer can help you.

Another issue: You say there are no lien holders? How about property taxes? Who's been paying those? At some point, the city or county will notice that taxes aren't being paid on the property and, typically, will put the house up for auction for unpaid taxes. Depending on your locality, you probably could purchase the home for the amount of the unpaid taxes. However, many localities then give others (let's say the rightful heirs) a period of time in which to redeem the property. They'd pay you the amount you'd paid, plus interest. If no one redeemed the property, then you'd own it.

But you absolutely need to see a lawyer to track down all the possibilities.

Hope that helps.
0 votes Thank Flag Link Mon Jul 27, 2009
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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