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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for North Carolina on
Q: what steps can I take to obtain money that is due to me and fully gain ownership of the house completely?

I co-owned a house and property with my older sister since 2013. She has kept all the rent money for 8yrs, then she has sold 50% of the property behind my back on April 21, 2021 to her friend and didn't tell me until 8 months later. Her friend is committing larceny as well. I recently found... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 28, 2022

You probably need to hire an attorney to file an action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What are the financial obligations of the remainderman in a life estate in North Carolina?

According to a recent will, I am a remainderman and my brother is a life tenant for a home in North Carolina. Am I responsible for paying the mortgage principal, homeowners insurance and for major repairs? What does my brother pay for? Do I have to reimburse my brother for improvements to the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 7, 2022

Consult with a competent NC attorney. Remaindermen do not have to pay on the Note, Taxes or Insurance. But if not paid, the real property will be taken away from all grantees/devisees. Your Estate has not vested in possession yet, and you are not personally responsible for anything.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hi...Im in NC. I have P.O.A over some land and I want to know how I transfer to my name and can it be sold?
Anthony M. Avery
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Anthony M. Avery
answered on Oct 18, 2022

An attorney in fact transferring his principal's land to himself is presumptively fraudulent. If the principal wants to sell it, then the attorney in fact should have the power to convey it. Usually an original POA should be recorded first in the County prior to the transfer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a licensed Realtor in NC buy a house for his own use in SC and represent himself in the transaction?

The house is located just a few miles from the NC border.

I notice when logged into the Charlotte MLS, I have access to properties listed in SC, close to the state line, (probably due to the Metropolitan Statistical Area extending a few miles south of the border).

Is this access... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

Yes, not a problem.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: NC: Coowner left and has given no forwarding information. Now what?

No mortgage; 50/50 owners on title and deed. I’ve several letters and texts, stating she bought the house for my daughter (her grandchild) and me and we never have to worry about being homeless. She bought the house; repairs were shared; all furnishings, appliances, and fencing; bills and taxes I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

Since it does not appear any debt problems are present, you probably need to do nothing until you want to. Hire an attorney to search the Title to be sure about ownership. When necessary, file suit for a Partition with publication service on her.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in north carolina and was left a house in illinois in a transfer on death instrument. How can I get the deed?

North Carolina doesn't recognize transfer upon death instruments, so how can I claim the house left to me?

Ben Corcoran
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Ben Corcoran
answered on Oct 3, 2022

When it comes to real property, the law that governs it is almost always the law of the state in which it lies. So in this scenario, you need to be talking to an IL lawyer and see what needs to be done.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Loan assumption

My father is a cosigner and wants to be removed from my FHA loan. I was not employed at the time of purchase but am now. I checked my closing disclosure and it states that my loan is assumable. Do I need an attorney to do this? If possible, how do I get this process started?

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Unless the new lender allows it, the cosigner would still be liable if someone else assumed the Note. Check with various lenders for their policies. You might find one that allows his removal, but it is doubtful. Only a refinance will probably result.

2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
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Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can Real Estate be transferred to the estate even if not specifically called for in the will?

My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 29, 2022

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My fiance sold his inherited land . In the contract it states that the buyer is to have him fully paid within 60 days. T

The buyer had him sign some papers and the made a legal description of the land himself and had it recorded in the GIS. The property is now recorded under his name. He has not paid my fiance the balance and this recording of the land was done after the 60 days agreed apon. What does he need to do

Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

Hire a NC attorney to sue for Breach of Contract. Then levy Execution upon the real property you just conveyed to him. Always hire an attorney to represent you in a real estate transaction (search title, draft deed, note, deed of trust, etc.)

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Can my husband take my name off property we own together and put his sister on it without my agreement? we are married.

we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?

Ben Corcoran
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Ben Corcoran
answered on Sep 23, 2022

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: How is a house bought with inheritance money settled in divorce in NC?

We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... Read more »

Ben Corcoran
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Ben Corcoran
answered on Sep 14, 2022

I would need to review the deed to the house to give a definite answer.

However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: I purchased a hous with my parent and sister. All four of our names are on the Deed. My parents and sister and now dead.

None of them left a will. Can I have the Deed changed to just my name? I need to make repairs to the house and I would like to get a home equity loan. I paid off the house several years ago.

Ben Corcoran
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Ben Corcoran
answered on Sep 6, 2022

The ownership depends on the language located in the deed, the language in any wills, and the order in which your family members passed. Without all that information, a lawyer will not be able to give you specific answers to your questions.

1 Answer | Asked in Real Estate Law and Banking for North Carolina on
Q: I have a new house we are are in our second year. We have an escrow account but the bank did not pay our priemum

the insurance will not reinstate our insurance and the bank says they cant help. What recourse do we have?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 18, 2022

Assuming the Bank failed to pay Insurance from the escrow, suing for negligence, breach of contract, etc. is not a good option as foreclosure will result. You must find insurance immediately as foreclosure is imminent. A refinance might get that Bank out of your hair, but insurance and taxes must... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My sister entered into a contract to sell my land without my signature or knowledge. Is that contract legal?

The land is in my name, taxes are paid.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

Unless she has your Power of Attorney, she cannot sell your property. But are you sure you are the owner? A title search by a NC attorney might be needed, along with letters to interested parties. A complaint against the real estate agent might be in order.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want purchase 20 acres of land from my grandmother and her cousins who are heirs. How would that process work...

And do I need an attorney?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2022

You need a NC attorney to search the title and determine ownership. The 20 @ Tract must have a description, which may require a Survey. Then a Deed can be drafted with a proper derivation of title clause and a legal description. It must be executed by the owners to you, then recorded.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Can I live in an RV temporarily on my own farmland until I can build my home?

Over 10 acre property is designated farmland and holds cattle

Zoned RA

Ben Corcoran
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Ben Corcoran
answered on Aug 8, 2022

I would have to review your local County codes to give you accurate advice. My suggestion is to call the County offices and see if you can get confirmation that this is allowable.

1 Answer | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: What are the steps for filing for a partition sale of a house co-owned with an ex spouse?

I know I need to file a complaint first. What is involved in this step? What else is filed with the complaint and what are the subsequent steps to follow?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 3, 2022

This is not a simple process and not one that I advise you to attempt on your own. My advice is to find a local attorney and let them handle the filing and subsequent sale of the property.

1 Answer | Asked in Legal Malpractice and Real Estate Law for North Carolina on
Q: Do I have legal recourse for a just discovered leak and damage inside walls, for a home I purchased 11.5 mos ago.

The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 28, 2022

Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.

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