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Can I sue my brother for what I pay towards upkeep of the property? Meaning I pay his half as well as mine. Can I get a lien against him? Can I take the property once the amount he owes reaches half the taxable value? He has always had a major drug problem, he is a sex offender and has done a few... View More 
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answered on Jun 10, 2020
Most likely an Action for a Sale for Partition is the best if not only course of action.
The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?
answered on Jun 1, 2020
Only those parties that signed the lease are the responsible parties. Spouses are not responsible simply because they are spouses, nor are people simply listed as occupants.
The house is in both our names. How can I get my half of the house back
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answered on May 19, 2020
Unless you can sell him your interest, or he sells you his interest, with a deed conveyance upon purchase, then you will have to file an Action For Partition. Contact a competent attorney.
She has planted a couple small plants on our property.
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answered on May 15, 2020
You have probably lost that property. The adjacent landowners, including their predecessors in title, have apparently acquiesced for some period of time as to the tangible fenceline being the boundary between the two properties. Irregardless of each landowners' legal descriptions, that line... View More
I need to know what to do and what paperwork do I need to get this done ASAP
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answered on May 15, 2020
Hire a competent attorney to draft an Affidavit of Heirship to document your source of title. Then ask each sibling to execute a Quit Claim Deed of their interests over to you. Record it, then start paying taxes and insurance.
I am interested in purchasing my parent's home in a very rural area. My parent's no longer work and receive SSI. The home is paid off, but they have a HELOC that is a third of the value of the home. I am married, but would like to keep the family home in our family. Would it be more... View More
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answered on May 13, 2020
Once both Parents convey the property to you, it is yours. There will be no setting aside except for clear fraud, and a gift is not fraud. The house is not paid off if there is a loan against it such as the home equity note. If you do not assume it, then you are not personally obligated on the... View More
Back behind the house on the lot is a big hill of dirt from which I guess the builder was excavating. He put pine straw all over it. The neighbor (house built by the same builder) has had damage to his well kept yard, he had to spend $5000 to build a trench from the water runoff, not to mention... View More
answered on May 12, 2020
If you don't own the property, then there can be no suit against you. However, if you do purchase the home and it is a condition on your property that is creating an issue for your neighbor, there may be a claim. Since you are in the process of purchasing the home, you should resolve this... View More
lived on and the only access to that piece of land is down my private path and that sibling sold her piece of land to a company without letting us know do we have to grant that company access to that piece of land or do they have to find another access
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answered on May 5, 2020
That possibly dominant tract probably has an Easement either by Prescription, express grant, or possibly by necessity. Hire a competent attorney to perform a title search of the adjoining properties, examine survey plats and/or tax maps, and provide his opinion. If you obstruct or destroy the... View More
About a week after submitting a lease renewal, and not hearing anything back, we wrote asking the management company not to finalize. A few days later they responded saying they had already signed the document but just hadn't delivered it to us, and were not willing to release us from the... View More
answered on Apr 14, 2020
I am not licensed in North Carolina so I cannot answer for them about what their statutes may say; but I can tell you that there is NO such federal law forcing the states or anyone else to provide a 3 day cancellation period for anything.
I own a home in Raleigh NC. In March I hired a property manager to begin renting the home out. This week they told us they found a qualified tenant but before they allow the tenant to sign the lease they want to amend our contract with them which would entitle them to a 2 % commission on the sale... View More
answered on Apr 6, 2020
No, you do not have to sign an amendment unless you are willing to change the terms of your original contract. They should proceed with the lease with the tenant.
They had an absolute divorce and he pays the taxes on the house. The house was purchase with both of their names as 100% ownership
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answered on Mar 6, 2020
They are likely now tenants in common. Typically, this usually undesirable situation happens when people make the mistake of doing their own divorce.
A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... View More
answered on Feb 29, 2020
You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.
What can we do
answered on Feb 23, 2020
NO WILL, then typically all assets go to the children in equal shares.
All liabilities, including taxes must be paid FIRST. Then, the remaining assets go to the children. If there are any predeceased children, then typically their heirs at law take their shares. Every state is not exactly... View More
He is the primary on the home loan and I am co-signer. Can I have him taken off of the loan if he moves out so that the home will be in my name only? We both pay half of the mortgage.
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answered on Dec 9, 2019
You can ask t he lender to remove his name from the Note, but they are not going to do that without a payoff or a refinance (which is a payoff to them). You all are probably Tenants In Common, but you need to ascertain your exact estate. Read the Deed. There are also taxes and insurance, so... View More
I am receiving emails once a week from a particular homeowner who misused a glitch in our HOA's online portal to download all home owner information and is now using those email addresses to run a campaign against our current HOA. He is quoting Article 55A and claiming these email addresses... View More
answered on Oct 30, 2019
It depends, but probably doesn't matter. There is unlikely to be a legal cause of action against someone emailing everyone in a neighborhood.
Federal law prohibits accessing a computer without authorization, or in excess of authorization, but that law is probably inapplicable here.... View More
Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... View More
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answered on Oct 14, 2019
Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.
I was in Akumal, Mexico 2 weeks ago and signed up for a timeshare. I got a great deal and it's not that I can't afford it but after thinking about everything for 2 weeks I'd rather do something else with my money. They mentioned something about not being able to cancel it but there... View More
answered on Oct 10, 2019
Timeshares in Mexico give you a 50-day rescission period, so you're likely too late to use that route. You may still be able to get out of the contract, but you no longer have the easiest route to a refund/cancellation. When I've helped clients in similar situations, some have mentioned... View More
probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?
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answered on Sep 24, 2019
There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then... View More
probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.
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answered on Sep 2, 2019
If the residence was in your father’s name then it is part of his estate. The probate court can appoint an executor. Usually a family member petitions the court to be appointed. A local probate attorney can help you with this.
Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any... View More
answered on Sep 2, 2019
The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the... View More
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