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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Can my husband take my name off property we own together and put his sister on it without my agreement? we are married.

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?

Ben Corcoran
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Ben Corcoran
answered on Sep 23, 2022

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: I'm 71 can I borrow against a retirement acct. 2 close on my new home then repay it when my present home sells

The new house in FL may close before I have the proceeds from the sale of my present home in NC which I was going to use for payment. I would repay the retirement acct. immediately with the proceeds. As of yet I have not withdrawn any monies from either my retirement or 401K

0 Answers | Asked in Real Estate Law for North Carolina on
Q: A mother and daughter had a lease daughter was under 18 mother left the property over 14 days ago, but left daughter

Daughter is now 18 and won't leave what can I do my rental is trashed

0 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Civil Rights for North Carolina on
Q: Can a consumer be forced to sign docs under direction of a closing professional and told unless it's done you won't get.

What if at a closing the deed is never registered until refinance 1and half yr later.You also find this out at refince closing.

0 Answers | Asked in Civil Rights, Constitutional Law, Foreclosure and Real Estate Law for North Carolina on
Q: I believe I current been the victim of violation of civil rights and current per past and mortgage companies/banks.

Can I speak with legal advocate about possible probono representation.I am financially exhausted and need help.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: How is a house bought with inheritance money settled in divorce in NC?

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 »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 14, 2022

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 »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: In NC who's responsibility is a fridge filter while renting?

I live in an apartment in North Carolina. I have a fridge in my unit that has a filter that needs replacing. The fridge is from the apartment and not mine, but when I requested a new fridge filter from the apartment I was told it is my responsibility to replace it. The filter needs replacing... Read more »

0 Answers | Asked in Real Estate Law for North Carolina on
Q: What type of lawyer do I need to sue an inspector, appraiser, or realtor?

We purchased a house. We were told of an organic material in the crawlspace on the beams for the foundation of the house. The appraiser took a single picture of the crawl space(Yes, I know the appraiser is not a mold expert). We had someone give us cost to fix the moisture issues. They said it... Read more »

0 Answers | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I am trying to get a refi for addt'l funds on my existing reverse mortgage. I live on a rural gravel road in NC

Lender wants proof of ownership of road and none exists. I am told that road is owned by the residents on it. Now they say I must get statements from all on the road saying this, and then get it recorded by the county. I do not want this invasion of my privacy. What else can I do? Thanks

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: I purchased a hous with my parent and sister. All four of our names are on the Deed. My parents and sister and now dead.

None of them left a will. Can I have the Deed changed to just my name? I need to make repairs to the house and I would like to get a home equity loan. I paid off the house several years ago.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 6, 2022

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.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: 3 landlords,No knowledge of purchases so I was denied my right first refusal, what can I do?

Also no knowledge of the fact that once sold we could have moved within 30 days

0 Answers | Asked in Land Use & Zoning, Real Estate Law and Small Claims for North Carolina on
Q: Self employed contractor needs advice about homeowner nonpayment

I built a deck for a client who paid using PayPal back in March. Once that contract was completed, client wanted to build a roof on it. This was in July-4 months after deck completion. New and totally separate contract drawn up (first was finished and paid in full). The footers were poured, client... Read more »

1 Answer | Asked in Real Estate Law and Banking for North Carolina on
Q: I have a new house we are are in our second year. We have an escrow account but the bank did not pay our priemum

the insurance will not reinstate our insurance and the bank says they cant help. What recourse do we have?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 18, 2022

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 »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want purchase 20 acres of land from my grandmother and her cousins who are heirs. How would that process work...

And do I need an attorney?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2022

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My sister entered into a contract to sell my land without my signature or knowledge. Is that contract legal?

The land is in my name, taxes are paid.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2022

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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Can I live in an RV temporarily on my own farmland until I can build my home?

Over 10 acre property is designated farmland and holds cattle

Zoned RA

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 8, 2022

I would have to review your local County codes to give you accurate advice. My suggestion is to call the County offices and see if you can get confirmation that this is allowable.

1 Answer | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: What are the steps for filing for a partition sale of a house co-owned with an ex spouse?

I know I need to file a complaint first. What is involved in this step? What else is filed with the complaint and what are the subsequent steps to follow?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 3, 2022

This is not a simple process and not one that I advise you to attempt on your own. My advice is to find a local attorney and let them handle the filing and subsequent sale of the property.

1 Answer | Asked in Legal Malpractice and Real Estate Law for North Carolina on
Q: Do I have legal recourse for a just discovered leak and damage inside walls, for a home I purchased 11.5 mos ago.

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 »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 28, 2022

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.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: I need to break my commercial business lease agreement for a building, how do I do this I’m in Nc

Landlord is in Texas

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 20, 2022

The simplest method is contacting your landlord and asking them to release you.

If that doesn't work, contact a lawyer and have them review your lease and situation and see what options are available.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a contract to sell my house for cash. The company sent a termination letter today with no explanation. Help?

Can they do this with no explanation? We were set to close next Friday. We have refused to sign the termination agreement.

There is nothing in our contract stating anything about canceling the contract on either party.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 19, 2022

Without reading your contract, no lawyer is going to be able to give you advice on what your options are. My guess is that they had a clause in the contract that allows them to do this, but I don't know.

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