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Foreclosure & Shared Well

Discussion in 'Other Ownership, Use & Privacy Issues' started by Zitherial, Jul 10, 2018.

  1. Zitherial

    Zitherial Law Topic Starter New Member

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    Jurisdiction:
    Virginia
    This is really complicated, so please bare with me. (Referring to those involved with false names).

    Over a decade ago, Mr. & Mrs. Smith divorced. In the divorce agreement, Mrs. Smith was granted a 1+ acre parcel of land with a double wide trailer, which had once been part of Mr. Smith's property - they share a Well. In 2008, Mrs. Smith sold that land and home to my Mother. The property is in Virginia, and my Mother lived in New York.
    My mother has been renting out the property for the cost of the mortgage.

    Back in May 2018, Mr. Smith handed over the Deed for his own property, in lieu of foreclosure, to the bank which is located in Texas. Once that happened, power was shut off to the well, and now the tenant on my Mother's property does not have water.

    Mr. Smith was very unhelpful in providing any information regarding who foreclosed on the property, and after almost 3 months of research, I finally discovered what bank and what law office drew up the paperwork. I had to do the research, because my mother went into the hospital in April, and unfortunately, passed away at the end of June. So I am flying blind, here....



    My question (s) are thus:

    1. Since it is a shared well, was it legal for the bank to shut off power to the well, thereby cutting access for our property?

    2. If it was NOT legal, what are the next steps that I should take, to get the water turned back on? I've contacted the law office, without any success - and the only information that I was able to find on the bank, did not list a phone number, only a branch address (Fannie Mae) - so I sent them a letter explaining the situation. (Sent today, July 10th).

    What complicates this even more, is that I live in New York, and the property is in Virginia - so I can not physically visit and speak with anyone, unless I plan a trip down there, with my 2 year old child in tow. Oh - and there is still a Mortgage out on the VA house, which I have to try and get placed in my name, which is an entirely different problem.....



    Please, please, please - any advice would be greatly appreciated. Thank you in advance. (I've posted this on multiple web forums, in hope of finding a solution)



    Sincerely,

    -Z.
     
  2. army judge

    army judge Super Moderator

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    You require the services of an attorney licensed in VA.

    You should expect the tenant to sue your mother.

    The tenant might just abandon the rental property.

    Your mother might need to hire an attorney.

    Bottom line, the help you require, is far beyond that which you already knew, you need to hire an attorney before this spirals out of control.

    VA law allows foreclosures to end within 30 days (maybe less - its been a while since I last researched this for a client).

    The home can sold at auction quickly in VA, avoiding a court order, acting solely upon the language in the mortgage.

    The person who was foreclosed on MIGHT still be able to file bankruptcy to buy all of you more time.

    The home will still be foreclosed, however, if the BK filing is successful; the entire matter can be delayed 90-120 days.

    Filing a chapter 7 BK could benefit the homeowner by having the mortgage debt eradicated by a federal bankruptcy judge.

    If he/she fails to do that, the mortgage holder can still pursue him/her for years; maybe decades.

    A BK filing runs about $400.

    If 90 days have elapsed, BK may no longer be applicable.

    It is worth investigating, and will cost you NOTHING to investigate.

    Filing Without An Attorney (Pro Se)
     
  3. ElleMD

    ElleMD Well-Known Member

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    You are going to need to hire a lawyer to sort this out. Some things to research are whether or not this trailer was a legal structure with a permit to use the well, was the well listed on the deed to the property or referenced in any way in the real estate documents? Was the well entirely on the other property? Who paid the electric bill for the well?
     
  4. Zitherial

    Zitherial Law Topic Starter New Member

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    Thank you for your reply.
    Unfortunately, my mother passed away at the end of June - so she would be unable to hire a lawyer.

    The owner of the house next door which was foreclosed on, wants nothing to do with the property, or us - so I doubt they plan to file BK.

    My sister & I will speak with a lawyer in VA. At the same time, We're dealing with probate in NY... this gets more complicated with each passing day.

    Thank you for your help.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    I suggest you resign yourself to digging a new well on your property.

    If you try to go against the bank or a new owner you could end up in litigation for years and still have no water to the property. A new well is likely to cost less than litigation.
     

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