Legal Question in Real Estate Law in Virginia
Deed of Trust
My mother died a 3 years ago with no assets except her home. I was left her small home in the will. However, at that time I only filed the will and paid land transfer fee, will and administrative fee and fiduciary clerks fee. Although tax records are in my name I did not submit a new Deed of Trust. I want to do that now. My question--I have discovered there are 2 small liens on the property dating back 10 years ago. Will this have a bearing on the transfer or must they be satisfied. Will these items impact any future house sale or do the debts just transfer over to me?
1 Answer from Attorneys
Re: Deed of Trust
These liens will likely "stay in the family" under the action which you've proposed unless you decide to pay them off. However, if you decide to later sell the property to someone else, these encumbrances upon the title will have to be removed by satisfying these liens before the sale transaction can be completed.
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