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 »
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 »
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.
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.
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).
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 »
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.
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.
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?
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.
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 »
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 »
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 »
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 »
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
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.)
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?
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 »
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 »
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.
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 »
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.
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.
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 »
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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