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John Gerth Merna
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John Merna’s Legal Guides

48 total


  • When To File A Virginia Homestead Deed

    The Virginia homestead exemption is unique in that it can be used for personal property as well as real estate. To assert your homestead exemption you must file a timely homestead deed in the property

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  • How to Remove, Eliminate or Strip a 2nd Mortgage Off a House - Part III

    How to Remove, Eliminate or Strip a 2nd Mortgage Off a House - Part III Options One- Settling the debt 44 As explained in Part II of this guide, once a second mortgage is in default or behind on payments the lender has few options to force the homeowner to pay. In many cases the...

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  • How to Remove, Eliminate or Strip a 2nd Mortgage Off a House - Part II

    How to Remove, Eliminate or Strip a 2nd Mortgage Off a House - Part II Conditions Required- Not all second mortgages will be eligible for removal. To be in a position to eliiminate or remove a second mortgage the home owner will need two conditions to applie. The first is that t...

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  • How to Remove, Eliminate or Strip a 2nd Mortgage Off a House - Part I

    How to Remove, Eliminate or Strip a 2nd Mortgage Off a House - Part I: What is a 2nd Mortgage? A second mortgage or a second lien on real estate is a loan given either at the time of purchase or taken out later and secured by the real property. A second mortgage refers to a juni...

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  • Garnishment Hearings, Garnished Funds, and Bankruptcy in Virginia

    If you received a garnishment summons then a judgment has already been entered and will appear on your credit. In Virginia, the court date on the garnishment summons is generally referred to as the "return date". There is no hearing on that date unless you file for an exemption. ...

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  • Considerations When Determining Whether To Keep An Upside-Down Property - Virginia

    Many homeowners enterning bankruptcy are faced with the fact the the property values have dropped so significantly that not only do they not have equity in their property but the are "upside-down" on the property. "Upside-down" in equity in the property means the property is val...

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  • Can I Remove A Second Mortgage Lien If I Have Already Filed Chapter 7? - Virginia

    A Chapter 7 bankruptcy will not strip a junior mortgage off of real property. Many individuals who have filed without the assistance of an attorney find out after the fact that they could have benefited by tens of thousands of dollars had the filed a Chapter 13 to eliminate their...

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  • Lien-Stripping a Second or Third Mortgage in Bankruptcy - Virginia

    A short guide on removing a junior lien through the bankruptcy process.

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  • Receive A Foreclosure Sale Date While Applying For A Loan Modification - What To Do? - Virginia

    Very often I meet with clients who are in the process of negotiating a loan modification with their mortgage company when they receive notice that they are being foreclosed on or even have a foreclosure sale date. Here is what to do.

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  • Signs A Foreclosure Sale Date Exists - Virginia

    This may seem like an unusual topic for a legal guide. "Don't you receive notice?" you might ask. "Doesn't the law require you to be served?' Virginia is a non-judicial foreclosure state which means that the process of foreclosing does not require a court action. The foreclosure ...

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