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answered on Aug 29, 2023
Do you have a Note and a recorded Deed of Trust? If you do, hire a NC attorney to accelerate the note and foreclose. If not, all you might do is sue for the note balance, then possibly collect against the land. Either way hire a NC attorney as you will get nowhere by yourself.
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answered on Aug 25, 2023
If there are 3 owners then 1 cannot convey the fee but only his interest. Hire a SC attorney to search the title, determine ownership, and draft an enforceable deed.
He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?
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answered on Aug 21, 2023
In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family... View More 
HOA members make decisions behind closed doors on what is allowed within the community, such as building. Do members have the right to view documents associated with these decisions?
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answered on Aug 11, 2023
In North Carolina, homeowners association (HOA) members typically have the right to access certain documents related to the actions and decisions of the HOA and its committees. The North Carolina Planned Community Act and Condominium Act generally require HOAs to provide access to various records... View More
I am reaching out to you in hopes that you can help me. I just found out that my house in NC got demolished. No one notified me. I found out about it due to HomeGo sending me something in the mail stating I could sell my house in as little as seven days. They included a picture of the property and... View More
answered on Jul 18, 2023
First, you need to contact your insurance carrier, they will likely cover the costs for an attorney and pay off your mortgage. You also need to contact an attorney in the area near where the house was and get them to find out exactly what happened. You may have a substantial claim against whoever... View More
The remaining asset is a life insurance policy $1,000 with no named beneficiary. Funeral expenses were paid for by myself. The death certificate is pending. I don't reside in the state. My grandmother is probably going to file for executor of the estate as she mentioned having to sale land to... View More
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answered on Jul 18, 2023
You could hire a NC attorney to search the title and determine heirship. Then draft and record an Affidavit of Heirship as the heirs' source of title. If Probate occurs, the real property is not part of the Estate unless the administrator tries to force a sale of it to pay creditors. That... View More
I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?
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answered on Jun 23, 2023
No such estate as "joint tenancy". Instead it is either joint tenancy with right of survivorship, or it is tenancy in common. And most likely the latter, where Mother's heirs take one half of the title. Hire a NC attorney to search the title, determine ownership, and advise... View More
I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?
answered on Jun 26, 2023
Mr. Avery is not entirely correct here. I would not be surprised to see either type of ownership. It is very common to have a joint tenancy created among family members to avoid probate. In joint tenancy, everything would have passed to your sister the second your mother passed. To confirm this,... View More
I live in nc. Just got a letter from mortgage company saying something about a lein against the property and a foreclosure at the end of this month. Never received any certified documents or signature required mail. Is it possible to have the Lein voided if it was not lawfully filed? I haven’t... View More
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answered on Jun 9, 2023
A NC attorney needs to be hired now to search that Title. Even if the alleged lien is not perfected, it may still be something that you owe, or could be executed upon. Since Foreclosure is imminent, you have very little time. A suit to enjoin Foreclosure for a meritorious reason is expensive,... View More
Neighbor had paid a surveyor to locate property line after we installed a shop and he said it was on his property. After survey had proved we are not on his property. he planted bushes ( hedges) that are directly on the property line, these will grow and cross the line. What are my rights. and how... View More
answered on Jun 7, 2023
When the hedges grow and cross your line technically, it is a trespass.
That being said, I would advise you to tell your neighbor that as long as they maintain the hedges, you don't care, but if they fail to do so, you will cut all the portions of the hedge that trespass on your... View More
They are threatening to continue with lien process if not paid and offer no payment plan.
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answered on May 23, 2023
Unless your HOA rules so provide, the HOA is not obligated to offer a payment plan. How many months you are in arrears? (For example, is it 21 months at $100 per month, or 3 months at $700 per month, etc.)? I ask because if your payments are $100 per month, for the sake of argument, and you have... View More
This pertains to family land. The parents are deceased. The land is deeded to “heirs of” (the father). They had 10 children, 9 of whom are also deceased now. There is one remaining child of the original parents, and he would like to sell the land. Most of the other 9 children (his deceased... View More
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answered on Apr 19, 2023
Hire a NC attorney to search the Title and determine heirship. All actual present heirs are tenants in common and own it. An Affidavit of Heirship could be filed, or a detailed Derivation of Title Clause put in a Deed as to the grantor's source of title. If there is a mortgage, or taxes... View More
He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.
answered on Apr 14, 2023
Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... View More
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answered on Apr 10, 2023
It sounds like wife was an heir of real property, but no Deed or Affidavit of Heirship was ever recorded showing her title. Husband should hire a competent NC attorney to search title, determine heirship, and file an Affidavit of Heirship. Other tenants in common may not even know wife owned... View More
answered on Apr 11, 2023
In NC as long as the first will or estate was properly probated, the property passed to the now-deceased individual. If the second will or intestacy proceeding names the husband as the sole beneficiary of the property, it is now in his name.
Without reviewing both estates and the original... View More
We sold a vacation rental property in NC. Contract showed all reservations through 2023 would be honored. We provided the realty company a list all reservations 5 days before settlement. They failed to share these with the new owners until 5 weeks after settlement. New owner now refuses to honor a... View More
answered on Apr 1, 2023
The buyer may have the right to choose which reservations to honor, depending on various factors. For example: Did the seller provide rental dates before entering into the contract? Did the seller provide names, addresses, and a copy of the leases within 10 days of the transfer? Were the leases... View More
I will be the seller, beneficiary, and trustee. The buyer will be paying me for a period of no longer than 4 years. Does the deed stay in my name until the buyer pays off the promissory note, or do I sign the deed over to the buyer when we sign the Deed of Trust agreement?
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answered on Mar 28, 2023
You will be the grantor of the Deed to the grantee. Then the new owner gives you a Deed of Trust to secure the repayment of your Note under which you are the beneficiary. You cannot be the Trustee, as such a Trust is a three party transaction. I strongly recommend you hiring a NC attorney to... View More
We have checked County tax rolls for addresses and do not know where else to look for a correct/current address, phone number or e-mail. What should we do and what options do we have if we are unable to contact them?
answered on Mar 14, 2023
Have you tried mailing a letter to them at the property address and if so, what does it say when the letter is returned? Traditional first class mail is the basic method for communications. The county tax office listing has the currently listed mailing address and you can look at the actual tax... View More
His parents passed away and he is the executor of the estate. The house is still in his parent’s name. He and his brother decided to sell and have a cash offer they want to accept.
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answered on Mar 14, 2023
There should be no need to refinance before selling. Assuming your husband has qualified as Executor and has been issued Letters, he should be able to pay off the current mortgage at the closing with the proceeds. His attorney will presumably contact that lender and request a payoff letter. If... View More
answered on Apr 2, 2023
In North Carolina, there are a few requirements established by law and the rest depends primarily on the contract.
Generally, the buyer has the right to back out unless the contract says otherwise. Typically, they will forfeit their due diligence money. They might also forfeit their... View More
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