Legal Question in Real Estate Law in Virginia

Title transferd but aunt claiming property by way of conract

A property was convyed to me in fee simple by recorded deed in 1989 by my grandmother.My aunt not being able to stand this pressured me into sighning a contract that she drew up stating that I was purchasing the property for a certain amount .The contract was drawn up making her the benificiary of the purchase price and the monthly installments i was to make.The contract was sighned in my grandmothers name but I know she did not sigh it or know what she was sighning if she did . This contract was never notarized or recorded as a lien and states that my aunt can seize the property after two defaults on monthly payments I havent piad in 18 months. Can she seize?


Asked on 5/21/98, 10:20 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Can Aunt seize property

The Aunt cannot foreclose on the propertydirectly, as a recorded mortgage or deed oftrust would be required. However, she may have a contractual right to the property whicha court might enforce, provided the contractis valid (supported by consideration, etc.).You should really see a lawyer on this and havehim/her go over the specific text of the agreement and the detailed circumstances in order to advise you properly.

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Answered on 6/16/98, 8:24 pm


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