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answered on Aug 21, 2017
All negotiations that occur prior to the written contract are considered to be reduced to the written contract. Thus, since the written contract occurred after the emails, the written contract will likely govern. There is a possibility that a mutual mistake occurred and then the contract term could... View More 
answered on Aug 16, 2017
You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.
tenants with rights of survivorship. We put his part into our estate and now the others are upset. In addition, years ago I was forced by my in-laws to sign a Memorandum of Understanding saying I would have no say in the beach house. Were we wrong to put his part into our trust? Our estate attorney... View More
answered on Aug 12, 2017
We both know why the rest of the family is upset...
Contact your attorney that advised this approach.
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She put $10,000 down I put 32,000 is there any other legal anything legally she can do to force me to sell the property I'm thinking of buying her out and making an offer so I can have clear title
answered on Aug 9, 2017
She can most certainly force the sale of the property if you failed to cooperate with her and come to an agreement.
I signed a contract with a developer and invested in a deal to finish a house. The contract states that if I am not paid, I can seize the house and/or seize assets to get my investment money + principal + fees. I would like to start this process. Can someone help me?
answered on Aug 10, 2017
Yes, use the Justia Find a Lawyer tool to locate a North Carolina attorney with real estate and construction litigation experience.
Like if I'm behind on rent and I didn't resign my lease what can the new landlord do
answered on Aug 10, 2017
If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not... View More
I will be traveling to overseas, and would not be here for the House Sale Closing
answered on Aug 10, 2017
Yes, you could hire a lawyer to represent you for the sale of a home. An alternative and probably a less expensive option is to have a lawyer draft a power of attorney document, appointing someone as your limited attorney-in-fact for the purpose of selling specific property. Then a friend or... View More
answered on Aug 10, 2017
There are a few modes of terminating restrictive covenants in North Carolina. Provisions are often drafted whereby they will expire by their own terms after some number of years (usually 3-4 decades). Also, provisions can be drafted whereby there is some mechanism for terminating the... View More
I do not have an attorney. I have filed my answer to a civil summons, regarding a property deed transfer.
answered on Jul 26, 2017
You can object, but the grounds for opposing a discovery deposition are limited. The judge will almost certainly allow it to proceed. Honestly, a decent lawyer could win the case in the deposition. You might not even know what you've said wrong until you receive a motion for summary... View More
entirety WROS. Son never probated will, and retitled property in son and wife name and obtained a mortgage for $100,00.00, which was used to pay off line of credit on house. which we feel son made mom incur. Children want to know our rights against son, lawyer, title company, mortgage... View More
answered on Jul 25, 2017
You don't say where the property is located, but 'tenants by the entirety' is a form of ownership limited to married couples ... I believe EVERYWHERE that has such a form available.
SOMETHING is wrong here. BUT that said, property deeded during life does NOT go through... View More
The house is in my mother and step father's name. He died at the end of May. The house automatically goes to my mother. She wants to make sure that I get the house when she dies. We do not know how to go about doing this.
answered on Jul 24, 2017
Assuming your mother and step-father owned the real estate as tenants by the entirety, your mother could convey to you a 100% remainder interest in the real estate and retain unto herself a 100% life estate interest. That would accomplish what you posed in your question.
Title is in my name. Probate has been closed for 3 years now. The Executor still gets all the Bank's correspondence addressed to 'The Estate Of...@
So, at closing what will happen? Money wise? Is there anything I need to do?
Thanks!
answered on Jul 19, 2017
It 'smells like' there may have been a due on sale clause that would have been triggered by a transfer, and the bank either wasn't informed or 'didn't understand' that the estate is no longer the owner of the property. This is FAR too complex a matter to provide any... View More
Can their portion of the proceeds be held in trust until their parent's estate is settled? This property is located in North Carolina.
answered on Jul 18, 2017
No, you can't. You will have trouble getting to a closing without proper North Carolina letters of administration from a probate court, and a qualified real estate sales agent should be smart enough to refuse to take your listing and refer you to a lawyer. You need to open a probate in the... View More
They have lived together for two years. The house is solely deeded to my mother.
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answered on Jul 10, 2017
No.
The earnest $ put down was 1% and subject to getting a mortgage. Our realtor has indicated that in NC any buyer can walk away from any agreement up to settlement and get their earnest money returned. Is this accurate?
answered on Jun 30, 2017
The language in your contract will determine that. For your sake, hopefully you didn't sign a contract that contains such foolish language.
My HOA sent violation letters to my neighbor as me as her lawn care folks recently stopped mowing the slope on her side of our border after mowing it for many years. She also let the low-growth shrubs on that slope die several years ago which prevent erosion of my property to my chagrin.... View More
answered on Jun 29, 2017
Look to your HoA agreement to determine what the HoA can and cannot ask you to do with respect to your property.
My wife and I own the home we live in and 4 rental properties. All properties are in NC except for a commercial property we own and lease in Philadelphia.
answered on Jun 18, 2017
Probably yes, but there may well be better ways to accomplish this that will be less expensive to your son. I'd urge you to consult with a local estate planning attorney to review ALL your assets and your desires and determine if 'ladybird deeds' some sort of Family LLC or a trust... View More
Have owned a house on Oak Island since 2003. Summer rental for 11 years. Spent 6 months there during the rest of the year. Moved there permanently Jan. 2015. Is there a penalty if I sell my house in 2018? How long do I have to be considered a permanent resident? What about capitol gains in NC?... View More
answered on Jun 19, 2017
To answer whether the sale of your home qualifies for the federal tax exclusion, you should refer to IRS Publication 523 at https://www.irs.gov/publications/p523/ar02.html and talk to a qualified tax professional.
Your sale qualifies for exclusion of $250,000 gain ($500,000 if married... View More
Military active duty just rented a house
answered on Jun 19, 2017
Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf
Additionally if you're renting to an active member of the U.S.... View More
1 property should have been listed. He included an additional property in the quit claim deed. The deed is recorded at the courthouse. I believe proof would be in the form of 2 angry siblings.
answered on Jun 13, 2017
Can you firmly prove that only one parcel was intended to be conveyed?
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