Virginia on invalidating foreclosure sale

The taxes collected were the state recordation tax under The day after the deed was recorded the bank caused a foreclosure sale to be conducted, and a few weeks later a deed was recorded by which the substitute trustee conveyed the same property to the purchaser at the foreclosure sale.

Upon learning of this deed, and realizing that your deed did not accomplish its objective of conveying the property to your relative, you requested a refund of the state and local recordation taxes that you paid upon recording the deed.

Foreclosure by a trustee’s sale can usually be completed within thirty (30) to forty-five (45) days after the expiration of any cure period provided by the loan documents for the default giving rise to the foreclosure, if the lender acts promptly. A trustee is a fiduciary for both the debtor and the creditor.

The trustee must not place himself in a position where the trustee’s personal interests conflict with the interests of the parties to whom he owes a fiduciary duty.

A notice substantially in the following form shall be sufficient: Notice Judicial Sale of Real Property On........… proceedings will be commenced under the authority of § 58.1-3965 et seq.

Soon after his discharge from the Navy, he defaulted on the loan, and the lender began foreclosure proceedings. The lender continued to pursue foreclosure and sold Sibert's house at a foreclosure sale shortly after Sibert had begun his service in the Army. Sibert's loan was subsequently acquired by Wells Fargo Bank, N. After his discharge from the Navy in July 2008, Sibert went into default on his loan, and, several months later, Wells Fargo mailed him a notice a default. This language remained in force until the 2013 enactment of the SCRA, which was designed only as a “comprehensive restatement” of prior versions, made for the sake of “clarity.” H. Under Sibert's reading, a servicemember could incur an obligation fully aware of his military pay and lifestyle, yet defeat the statutory exclusion of his obligation by leaving military service and thereafter reenlisting.

Navy, Richard Sibert obtained a loan secured by a mortgage to purchase a house in Virginia Beach, Virginia. The district court granted summary judgment to Wells Fargo, concluding that, because Sibert incurred his mortgage obligation during his service in the Navy, the obligation was not subject to SCRA protection. ISibert entered the Navy in July 2004, and while in the Navy — on May 15, 2008 — he purchased a house in Virginia Beach, financing the purchase with a loan of 4,650 from Advance Mortgage, which was secured by a deed of trust on the house. It would lead to inconsistent treatment of substantially identical obligations and would introduce arbitrariness into Congress' distinction between protected and unprotected obligations.

Such notice shall advise the taxpayer that the taxpayer may request the treasurer to enter into a payment agreement to permit the payment of the delinquent taxes, interest, and penalties over a period not to exceed 36 months in accordance with the provisions of subsection C.

Such officer shall also cause to be published at least once a list of real estate which will be offered for sale under the provisions of this article in a newspaper of general circulation in the locality, at least 30 days prior to the date on which judicial proceedings under the provisions of this article are to be commenced.

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