A Note is an unconditional promise by the maker to pay money to the payee at a certain time. Promissory Notes were around long before the UCC utilized by State Codes. It may or may not be secured by an agreement for collateral to be hypothecated. It may or may not be transferable.
Have you checked with the Court Clerk? You need to physically look at the File, which may be difficult to find. Hopefully there is an Order and maybe some Minutes. If not, then you may need a lawyer to get an Order Nunc Pro Tunc entered, or a new Divorce Action.
They claim realtor forgot to take ad down. I saw some people about month ago saying they bought property across from mine. I think they are scamming me they want me to up and move I've been there for 6 months. Is this legal?
If you did not receive and record a Deed, then you own nothing. It sounds like you might only have a lease with option to purchase. Hire a competent attorney to search the title and give you advice how to buy the land, or leave now before you throw more money away.
Grandmother did not owe any bills and her house was paid for. The house was never transferred to my mothers name. I have paid the taxes on it for years. Now my mother is in bad health. Should we put the house in my mothers name now or will it pass to me upon her passing? Thank you.
You must determine who the owner is right now first. A title search and an heirship determination will be in order. Then you and the Mother might seek counsel about Estate Planning. Remember the longer you wait, the chances of judgment liens become more pronounced.
One co-owner (mother) died in August, 2020, remaining co-owner (brother) has refused to provide keys & access to said property & is attempting to buy me out, but demands I pay for expenses that are not affiliated with said property, While I am willing to share half of property taxes &... Read more »
These money issues can probably only be addressed through an Action for an Accounting and Conversion. But you basically only have a 3 year SOL. Again the real property needs an agreed conveyance, or an Action for Partition.
after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.
If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each...Read more »
has sold and the new owners say that from the original agreement of the property owners in 1928 (a shared driveway agreement) that i now must move this fence and give them accesss to six feet of property at the end of the driveway where there is now a garden. the property was divided up this way... Read more »
I have no idea what State you are in and thus, have no idea what SOL's control. However it sounds like all adjoining landowners have acquiesced to the fence being the boundary line for many years, and it is the legal, tangible, de facto boundary irregardless of the legal descriptions of the...Read more »
About 8 of us are heirs to a small piece of property in Vance County North Carolina with a value of approximately $7,000. Can the heirs convey their interest to a single heir using the quit claim process and then the single heir sell the property to a non-heir/unrelated person using a warranty deed?
Any of that could happen, but you need to consider what needs to be done. A derivation of title clause for the heirs' source of title must be drafted and placed in the legal description. An affidavit may need to be recorded first. Quit Claim Deeds convey the estates, but Warranty Deeds also...Read more »
Seller and Surveyor added an easement to the certified plat a week before closing for the convenience of the seller, sent the plat through a county planning commission for approval, and recorded it with the registrar. The seller told my real estate agent and myself the easement was "always... Read more »
There is a good chance you have blown the SOL. If you bought owner's title insurance, you might have a claim. Criminal charges are doubtful and likewise will be beyond the SOL. You may be able to sue to reform the deed (doubtful) or file ethical complaints against the real estate agents....Read more »
There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.
Go to Court in a respectful manner. Dress decent and talk to the DA or Judge politely. Quickly explain what happened. Have cash on you. Possibly you will be diverted or dismissed, or you might plea to a MVR nonreportable 9 mph over.
I need to make sure I understand the difference between a Trustee's Deed and a Deed of Trust. I also need to know if a Trustee's Deed can make the Grantee the owner of the trust and its debts without the knowledge of the Grantee.
Trustee's Deed is a conveyance from a Trustee, which usually is generated by a foreclosure. Deed of Trust is a security instrument, making property collateral for the payment of a Note. If a Deed is not delivered to the grantee, it is not a conveyance.
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