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Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law for North Carolina on
Q: HOA responsibility or Owner?

Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More

Ben Corcoran
Ben Corcoran
answered on Apr 17, 2024

I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.

1 Answer | Asked in Business Law for North Carolina on
Q: I'm the registered agent of a S Corp. Also one of the officers What happens if I resign?
Ben Corcoran
Ben Corcoran
answered on Apr 8, 2024

It depends on the corporation's bylaws and what you agreed to do when you were appointed as the registered agent. Speak with a local lawyer to get a better idea of your specific situation.

2 Answers | Asked in Foreclosure and Tax Law for North Carolina on
Q: When my mom died in 2016, her home was foreclosed. Can the county charge me with 2016-2023 taxes after foreclosure?

There was no will, no estate per se. Now that county is saying I owe taxes on a home that was foreclosed and sold in 2016.

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Usually, the new owners are responsible for all taxes after the foreclosure sale. I would have to review the sale documents to advise you on this properly.

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2 Answers | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Carolina on
Q: Germany - North Carolina Driving License Reciprocity

I have a German driving license, and everywhere on the internet I find that North Carolina does have a partial reciprocity with Germany, meaning I need to pass a Written Test to get a NC Driver's License but I don't need to do a Road Test. Today at the DMV they said this is not true and I... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Likely the DMV, you can try going to a different DMV location and hope they are more understanding but it will likely be easiest to take both tests.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a real estate deal for over a year. Can I sue for money plus loss of potential revenue from her.

We have contracts in place and she hasn’t done anything to the project for over a year. I’ve requested my money back but she keeps avoiding me telling me she’s busy and she’ll get to it later on. Am I able to sue her for my money back plus the potential loss of revenue and my time being... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

I would have to review the contracts to advise you on your options, but I suspect that you have a case to force her to do something. Please get in touch with an attorney and have them review your contract.

Typically, you cannot get reimbursed for "sweat equity," but you should have other options.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Mother and daughter own a parcel of land. The daughter passed away. Would her kids inherit the daughters 50% share?

Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Unless the deed specified the mother-daughter ownership as joint ownership with rights of survival, the daughter's children should own the daughter's 50% interest in the property.

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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Appeals / Appellate Law for North Carolina on
Q: The judge has made his ruling. Husband has no claims to wife's house. During appeal, can husband file a Lis Pendens?

Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More

Ben Corcoran
Ben Corcoran
answered on Feb 12, 2024

I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Final plat shows tennis courts.Foreclosure, then quitclaim transfer of Declarant rights.Is new Declarant liable to build

North Carolina Planned Community. Final plat is recorded with tennis courts (currently not built). There was a quitclaim transfer and assignment of Declarant rights (to several limited liability companies, around 7). Are new Declarants responsible/liable to build amenities recorded on initial... View More

Ben Corcoran
Ben Corcoran
answered on Jan 10, 2024

Based solely on the plat, it is unlikely, but there may be other contracts that the business signed that would require it.

1 Answer | Asked in Real Estate Law and Municipal Law for North Carolina on
Q: If I'm buying property from the city, what can I require from them?

City is selling property, I'm buying. What are the limits on what I can ask for?

Ben Corcoran
Ben Corcoran
answered on Dec 22, 2023

You can ask for anything but will all but certainly get nothing.

1 Answer | Asked in Probate for North Carolina on
Q: My mother died in Colorado with a will but owned real property in NC

I qualified as Executor on her estate there. I sent the will and all exemplified probate docs to NC. The Clerk issued a Certificate of Probate. Is that all I need to do?

Ben Corcoran
Ben Corcoran
answered on Dec 20, 2023

Without actually seeing what was filed I cannot verify that you have submitted everything you needed to, but it does sound like you have.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Unmarried couple both with adult children couples from previous marriages. Who gets home if we die simultaneously.

I purchased a home in NC with cash and had it titled JTROS with long term partner. At the time (about 6 years ago), it didn't seem like a QTIP was an option since we were not married. I have 2 adult children and she has one adult child from our prior marriages.

My estate package... View More

Ben Corcoran
Ben Corcoran
answered on Nov 9, 2023

In the event that you die within 120 hours of your partner. Both of you are deemed to have survived the other and your respective interest in the property would pass to your respective beneficiaries. There are exceptions to this rule but that is the basic premise.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can I get my name off a mortgage without refinancing?

My wife and I divorced 8 years ago and my name is still on the house mortgage that her and her husband of 5 years lives in. I gave her the house and have not lived there for 10 years.

Ben Corcoran
Ben Corcoran
answered on Oct 30, 2023

Your divorce proceedings should have included an agreement for her to refinance the property, but they may not have. If they didn't you can request the bank remove you but they will likely refuse to do so.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: In NC, if someone owns their home, before getting married. After getting married, are they tenants in common or entire?

I wanted to know if a single person owns their own home and a year or two later, they meet someone and get married. Are they considered tenants in common or tenants by the entirety?

Ben Corcoran
Ben Corcoran
answered on Oct 23, 2023

The person who owned the home prior to the marriage still is the sole owner, however, the spouse gains the right to claim a life estate on the house should the owner die.

1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Without selling, if my spouse is on the mortgage and wants to separate, what is the my advantageous routes of action?
Ben Corcoran
Ben Corcoran
answered on Oct 2, 2023

You can request that the bank remove the spouse but it will probably not happen until after the ownership is transferred into your name.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My lease expired 4 years ago. I gave 7 days notice I am moving. Do I owe 30 days notice.In North carolina
Ben Corcoran
Ben Corcoran
answered on Sep 25, 2023

Depends on several factors if your prior lease was written then it was renewed on a month-to-month basis using the same terms as your prior lease and if it required 30 days then you would likely be bound by it. If it was oral then your 7-day notice was fine.

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: I was buying land for 5 yrs got behind during covid and the company then decided not to work with me. They made a 5,000

Offer paying 2000 cash & then 3,000. I deposited the check into my account later that week discovering they had put a stop/ cancelled the check they refuse answer or respond to my calls or texts..it's been a year and still nothing. What are my rights and what should I do to retain my... View More

Ben Corcoran
Ben Corcoran
answered on Sep 18, 2023

I do not fully understand what you are asking, but if the deed is still in your name then you still own the property.

2 Answers | Asked in Estate Planning for North Carolina on
Q: I want to put in place a Power of Attorney that gives my designated agent power only if I become incapacitated.
Ben Corcoran
Ben Corcoran
answered on Aug 21, 2023

This is called a springing power of attorney and any lawyer who drafts durable POAs will also be able to draft this.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: I've been an administrator of my husband estate for 2 years but now there's a will what do I do

My husband told me he destroyed the will and also revoked their poa which I do have proof of

Ben Corcoran
Ben Corcoran
answered on Aug 21, 2023

File the will and abide by its provisions.

1 Answer | Asked in Employment Law for North Carolina on
Q: Do I have any rights after I signed a bonus clause to pay back 50% within 2 years? I left 2 weeks before my start date.

I started my job on 8/23/21 and my last day was 8/11/23. I know that I signed an agreement stating that I would have to pay back 50% of my bonus if I left within 2 years. They have withheld that amount from my last paycheck, but I did not receive a copy of my payroll or how much would be deducted.... View More

Ben Corcoran
Ben Corcoran
answered on Aug 21, 2023

Send a demand letter requesting that they produce the information, or you will file a lawsuit and will be entitled to see it during the discovery process.

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