Legal Question in Real Estate Law in Virginia

I had a lease purchase option on a house but was going through a divorce. My ex-husband tried to take the property before I had exercised my option to buy. The courts dismissed it because it was not my property yet. When the option came up my now EX-BOYFRIEND put the loan in his name with the agreement that once my divorce was final I would get it in my name. When my divorce was final, nine years later, he split and I was unable to get him to sell me my house back. I continued to pay his mortgage for 2 years and stopped in the 3rd year. Because the property was going into foreclosure he promised to sell to me if I helped him avoid the foreclosure. I paid the fees and back payments and he put my name on the deed (recorded). He again refused to sell once everything was final and disappeared. Property went to foreclosure again, and then to auction, I bid and won. After I paid a 15K deposit and got a mortgage broker along with a "Conditional Pre-approval Letter", auctioning attorney's office would not allow me into the property to get an appraisal for a loan. Time ran out, they said they keep the money and the house. All of my belongings are still in the house (funiture, clothes, antiques, papers, etc). I feel like I've been shafted again but now by the legal system. Do I have any rights left? What about my things? Does everything I own belong to the mortgage company and the attorney's? I've been locked out of the house for 90 days and can't get any help. Please, please, please, just give me some honest direction. Thank you.


Asked on 1/07/10, 9:20 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You might want to first consider filing what's called a warrant in detinue in

your local general district court against the attorney(s) and the mortgage company responsible for the wrongful withholding of your property for the return of these items or a judgment againt these defendants for the fair market value of this property if, for whatever reason, it cannot be returned.

After that, you might want to consult with an attorney regarding

the feasibility of pursuing your former spouse for his various breaches

of contract which resulted in what appear to be very substantial losses

for you.

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Answered on 1/13/10, 8:03 am


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