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Edward Steele Culbertson

Edward Culbertson’s Answers

2 total

  • What if the Defendants did not comply with answering the Bill of Particulars in time

    Real Estate Contract

    Edward’s Answer

    If the Judge ordered a Grounds of Defense be filed by a specific deadline, then not obeying is a serious matter. Rule 7B:2. Failing to obey the scheduling order can result in loss by the noncomplying party. The Grounds of Defense is not limited to answering the Bill of Particulars. However, the Judge has discretion to allow more time. Rule 7A:6.

    Disclaimer: This answer to a public inquiry contains general information, and does not create an attorney-client relationship.

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  • Do we have any legal rights has renters?

    Our landlord lost the house to the bank in July 2011 and we kept paying rent to her until April 2012. since we were not aware she had lost owner ship, then we get a call from her 3 days ago saying we need to move by May 31st. and we never had pri...

    Edward’s Answer

    Your rights will depend on your lease with the owner, if there is one, and what specifically this person has done to enforce her claim that you must leave.

    One question is whether this person in fact lost the property. A tenant might hear from a bank or a winning bidder at a foreclosure sale, for example.

    The County Land Records should show who is listed as the owner, although there may be some delay in updating the records.

    Generally, the process involves formal notice from the owner of a problem, and a time limit to resolve the problem, if possible, or move out.

    If the property remains occupied, then the owner can proceed with a court case for eviction.

    In Fairfax County, where Oakton is located, such cases typically are heard on Fridays, to allow the cases to proceed quickly.

    Such cases usually justify hiring a lawyer, particularly if the owner has one, although it appears that at this point there is no case yet filed.

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