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advese possession re va loan

Discussion in 'Adverse Possession' started by CALE, Sep 26, 2016.

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  1. CALE

    CALE Law Topic Starter Guest

    Jurisdiction:
    Georgia
    Can adverse possession work for property financed through a VA loan, considering that there are rights to adverse possession with real estate which the government has an interest?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    I think you are asking if you can become owner of a property through adverse possession and not have to pay the VA loan that's on the property.

    No.

    The VA loan would still exist, the property would still be the security for the loan.

    After all you go through to get it, if you didn't pay the loan, you would lose it.

    If you are asking something else, perhaps you can explain the question better than you have.
     
  3. army judge

    army judge Super Moderator

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    A lienholder's rights, should the lienholder wish to assert same would trump any property rights you might acquire by adverse possession.
     
  4. Stacy Carroll

    Stacy Carroll New Member

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    I understand the question to be asking if someone has a home financed through the VA, can someone else claim adverse possession of part of the property since the VA has a financial interest in the property? Since adverse possession doesn't apply against public property.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Yes, someone else can "claim" adverse possession. That has nothing to do with the type of loan. With any type of loan, if the other person wins part of the property, the court is likely to divide it and make it a new parcel. The VA borrower will own less property but still be responsible for the debt.

    What does "public property" have to do with anything?
     
  6. flyingron

    flyingron Well-Known Member

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    Because you can't usually claim rights under adverse possession on government-owned lands.

    As pointed out the lender that has a valid security interest can foreclose on the property regardless of who owns it or how they obtained it.

    Further, I don't know what the person has in mind, but adverse possession isn't likely to work like he thinks if he's thinking he can get out of the loan. The adverse possessor has to be in exclusive right to the property so there's no "part of the property" thing and the whole thing goes out the window if there is fraud involved.
     
  7. Zigner

    Zigner Well-Known Member

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    A VA loan against a property does not convert the property in to "government-owned lands".
     
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  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    That really should have been post #2 and the end of the issue.
     
  9. justblue

    justblue Well-Known Member

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    Please don't dig up 5 year old DEAD threads. Please check the dates and make sure they are current before posting. Thanks.
     
    Zigner likes this.

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