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?
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... Read more »
He sold the home that was in another state and went through their court system but not the NC court system. It was an innocent mistake but what happens from here?
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... Read more »
My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... Read more »
answered on Mar 16, 2023
You can file a quitclaim deed which would transfer any interest you have to your sister. Your sister would not have to agree or even know about this deed. Contact any attorney in NC, and they can assist with this.
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... Read 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.
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... Read more »
Commercial lease has late fees mentioned and 10 day pay or quit notice sent to tenant but tenant did not pay the late fees until 25 days later. Does this constitute a breach of contract and allow landlord to evict tenant ? (Note rent was paid but checks were left uncashed as they but a partial... Read more »
Plumbing leaks electrical issues crawl space issues decking not up to code
answered on Mar 12, 2023
One would need to thoroughly examine the terms of the contract of sale in order to establish your rights as well as your obligations as it relates to the transaction.
Contract signed Feb 10 closing was supposed to be March 10. Investor never showed gave no valid reason and doesn't look like he going to follow through. We already moved out incurring great expenses hiring movers and renting a house.
answered on Mar 12, 2023
You shouldn’t have moved without absolute certainty that there was first a firm closing date and that everyone would have been fully prepared to close on that date.
The dog is severely malnourished and in need of medical attention. Animal control came and verified that the people had abandoned it and that it's condition is as stated above. They were able to contact a woman who gave a different name than the one on the lease and she stated that she was... Read more »
they are saying we committed a act of nuisance under chapter 19. they are wanting us to move my fiancee is to never return or live on the property and im allowed only 3 hours a day and cannot return for 10 years. they are tyring to say my dad cant rent his trailers for a year an then it has to go... Read more »
I signed a lease for an apt. number 104, site un-seen, when moving out of state. I have to have surgery on my ACL so I needed an easily accessible first floor apartment. The website shows floor levels and # of units on that "floor" and there are 1-4 floors. When I got there after signing... Read more »
I am being sued. their lawyer wants to ask me questions. can I have them sent in advance
answered on Mar 2, 2023
You might make a written request, but there is no requirement that the other party comply or be limited to those questions.
answered on Feb 23, 2023
You need to initiate a "request for loss mitigation" by calling the mortgage company and requesting it. You will need to fill out an application and provide hardship information. You will be given a choice of solutions at the end of the application. Once of those is for a short sale and... Read more »
The Land Use Agreement was signed by the landowner and I built my house on that land.
the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... Read more »
answered on Jan 31, 2023
I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... Read more »
If two landowners have a disagreement on a property line, and #1 is destroying a property line fence should #2 file a lawsuit against #1 or wait for #2 to file one first?
answered on Jan 9, 2023
The adjoining landowner should sue for a Boundary Line Dispute, Trespass, Damages, etc. quickly, as otherwise the one tearing down the fence will start claiming more land as his. After awhile, both owners acquiesce to a new boundary. Hire a NC real property litigator now.
Have tried several times to get neighbor to meet and agree on boundary. We cannot proceed with our home.
answered on Dec 20, 2022
You will probably have to sue the other adjoining landowner for a Boundary Line Dispute. It will be difficult and expensive. It does sound like you have an expert witness, and I hope he can persuade the Judge. Quiet Title, Ejectment and Trespass may be additional causes of actions. Hire a NC... Read more »
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 »
answered on Nov 28, 2022
You probably need to hire an attorney to file an action for a Sale For Partition.
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