HD22 - Creation of a Statutory Right of Redemption and Alternative Methods of Clearing Title to Real Property
Executive Summary: Delegate Jay W. DeBoer of Petersburg sponsored House Joint Resolution No. 185 during the 1988 Session of the General Assembly. See Appendix A. The resolution was adopted and called for creation of a five-member joint subcommittee to study (i) the need for creation of a statutory right of redemption and (ii) methods of clearing title to real property which are less expensive and time consuming than partition. Also during the 1988 Session, Delegate Jean W. Cunningham of Richmond introduced House Bill No. 979. See Appendix B. The bill would provide authority for the court to allot, rather than partition, real property upon agreement of all joint owners or tenants in common. House Bill No. 979 was carried over by the House Committee for Courts of Justice because of concerns about the actual effects of the procedures outlined in the bill. The bill and House Joint Resolution No. 185 were recommended and supported by Rural Virginia, Inc., and the Virginia Landownership Information Project (VLIP). VLIP is a cooperative effort of Virginia State University and Virginia Polytechnic Institute and State University. The primary purpose of the project is education of landowners, particularly limited resource landowners, regarding their rights and responsibilities in order to assist them in retaining ownership of their property. VLIP suggested that the joint subcommittee determine whether creation of a statutory right of redemption would afford landowners a better opportunity to avoid loss of their property by foreclosure. Additionally, VLIP suggested that partition is not a viable method for clearing title to property which has devolved by intestacy through several generations and is of limited value. The issues under study were dealt with separately by the joint subcommittee. The membership of the joint subcommittee was appointed as follows: Delegates W. Tayloe Murphy, Jr., John G. Dicks 111, and Thomas M. Jackson, Jr., were appointed by the Speaker from the House Committee for Courts of Justice; Senators Daniel W. Bird, Jr., and Joseph B. Benedetti were appointed by the Senate Committee on Privileges and Elections from the Senate Committee for Courts of Justice. The joint subcommittee held three meetings in Richmond. The joint subcommittee is grateful to Rick Cagan, Executive Director of Rural Virginia, Inc., Dr. Grace V. Norbrey of Virginia State University, VLIP Coordinator, and Leon Geyer, Esquire, of Virginia Polytechnic Institute and State University and member of the VLIP Advisory Council, for the background information and assistance they provided. 1. A statutory right of a landowner to redeem real property within a limited time following a foreclosure sale should not be adopted in the Commonwealth in the absence of convincing evidence that such a right could and would be used by landowners to retain their property; 2. A less expensive and more efficient alternative to partition should be provided to clear title to inherited, family-owned real property; and 3. Educational programs should be encouraged in both the public and private sectors in order to avoid further title problems. |
Menu
Published Documents
