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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Anthony M. Avery
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answered on Sep 22, 2023

You will need to post this under Florida real estate law.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Specific steps for addressing ineffective HOA company and incompetent HOA board.
T. Augustus Claus
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answered on Sep 18, 2023

Addressing ineffective HOA management companies and incompetent HOA boards in North Carolina involves a systematic approach. Begin by thoroughly reviewing the HOA's governing documents to understand the roles and responsibilities of the board and management company. Attend meetings to voice... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: My husband sold our house without me knowing in nc. sold in August, I live here. I'm on the deed. What can I do legally

He left. I've filed for divorce and he's aware. He Kept asking me to move or sell, I said no. Someone told me my house just sold per Redfin. I checked and owner changed.

Anthony M. Avery
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answered on Sep 6, 2023

If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have a property in catawba NC i sold it to a couple and they did not finish paying. can i do the foreclosure on my own
Anthony M. Avery
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answered on Aug 29, 2023

Do you have a Note and a recorded Deed of Trust? If you do, hire a NC attorney to accelerate the note and foreclose. If not, all you might do is sue for the note balance, then possibly collect against the land. Either way hire a NC attorney as you will get nowhere by yourself.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Real estate deed transfer in SC.Deed is titled to 3 owners. One wants to transfer their share. Do all 3 have to sign
Anthony M. Avery
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answered on Aug 25, 2023

If there are 3 owners then 1 cannot convey the fee but only his interest. Hire a SC attorney to search the title, determine ownership, and draft an enforceable deed.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: My ex husband and I own a house in NC together. I divorced him and he stayed in the house. Now he's going to stop paying

He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?

T. Augustus Claus
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answered on Aug 21, 2023

In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do you sue a landlord for wrongful eviction in Mecklenburg County?

About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.

Ben Corcoran
Ben Corcoran
answered on Aug 21, 2023

Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: There's a discrepancy between what my lease requires me to pay and what I'm asked to pay, and I need advice.

My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More

Ben Corcoran
Ben Corcoran
answered on Aug 21, 2023

Hire an attorney to review your lease in full and they can give you specific advice.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Elder Law for North Carolina on
Q: My father has dementia and my brother got him to sign a power of attorney. My brother has know claimed all his property.

Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?

I have the deeds as my brother is an ex-con.

Ben Corcoran
Ben Corcoran
answered on Aug 17, 2023

You probably need to get an attorney to look at everything.

The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.

1 Answer | Asked in Real Estate Law and Civil Rights for North Carolina on
Q: In North Carolina, are community members allowed to view documents concerning actions/decisions of HOA committees?

HOA members make decisions behind closed doors on what is allowed within the community, such as building. Do members have the right to view documents associated with these decisions?

T. Augustus Claus
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answered on Aug 11, 2023

In North Carolina, homeowners association (HOA) members typically have the right to access certain documents related to the actions and decisions of the HOA and its committees. The North Carolina Planned Community Act and Condominium Act generally require HOAs to provide access to various records... View More

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: How to remove deceased dad's name from deed if I'm the only heir and tenants in common with my dad, without probate

The remaining asset is a life insurance policy $1,000 with no named beneficiary. Funeral expenses were paid for by myself. The death certificate is pending. I don't reside in the state. My grandmother is probably going to file for executor of the estate as she mentioned having to sale land to... View More

Anthony M. Avery
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answered on Jul 18, 2023

You could hire a NC attorney to search the title and determine heirship. Then draft and record an Affidavit of Heirship as the heirs' source of title. If Probate occurs, the real property is not part of the Estate unless the administrator tries to force a sale of it to pay creditors. That... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: The city demolished my home. Do I need to continue to make payments on it?

I am reaching out to you in hopes that you can help me. I just found out that my house in NC got demolished. No one notified me. I found out about it due to HomeGo sending me something in the mail stating I could sell my house in as little as seven days. They included a picture of the property and... View More

Ben Corcoran
Ben Corcoran
answered on Jul 18, 2023

First, you need to contact your insurance carrier, they will likely cover the costs for an attorney and pay off your mortgage. You also need to contact an attorney in the area near where the house was and get them to find out exactly what happened. You may have a substantial claim against whoever... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for North Carolina on
Q: What type of lawyer is needed to fight Living in unhealthy unhabitable living conditions with disabled son

I don't live in public housing and it's continued for 3yrs and 2 violations

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

A North Carolina attorney could advise best, but your question remains open for a week. It would be a landlord-tenant attorney. There is a section here for that area of practice. Although not every question here is ultimately picked up, you could repost and add L-T as a category. Good luck

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Is a purchase agreement to sell legally binding if the owners did not sign but the spouse did (whose name isn't on it)
Ben Corcoran
Ben Corcoran
answered on Jul 5, 2023

It is only binding on the parties who actually signed the document.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My stepfather didn't put the house in a trust. Do I inherit the house even if the stepsister never lived here?

I'm in North Carolina, and the state only recognizes biological and adopted children unless otherwise noted on a will or trust. My stepfather's daughter lives out of state and has never lived here. The only time she ever visited was to ask for money. I find it worrisome that the... View More

Ben Corcoran
Ben Corcoran
answered on Jul 5, 2023

Take all the documents to a local lawyer and get their opinion. This question cannot be answered without a full understanding of all the facts and a review of the documents.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I've had 2 vehicles in my yard for over a month. 1 does not run and doesn't have rear tires.

Is it legal or possible in NC to take ownership of vehicle so repairs can be made? The vehicles also need to be inspected, have insurance put on them, and tags and registration.

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

You can apply for an abandoned vehicle title, this is done either by filling out the form found online or going to your local DMV office. It will take some time but is possible.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have been sharing a well since 1985. I have never had any problems with the previous owner., which has always rented .

The new property owner has turned water off. Do I have any rights

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

Your rights depend on whether or not you had a formal lease in place, if you did not then your rights are pretty minimal. It would likely cover them not turning off the water without notice, but not much beyond that.

1 Answer | Asked in Real Estate Law and Legal Malpractice for North Carolina on
Q: What is considered attorney malpractice in terms of real estate closings?

The attorney handling the sale of a purchase of a home in another state neglected to provide in a timely manner the wiring information needed to close on the sale of the home. He refused to accept a certified bank check. Our bank would not wire funds unless it was done in person, so not over the... View More

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

It likely did not rise to the level of malpractice. However, it would likely be enough to collect any amount directly tied to the issue from the lawyer. I would start by asking the lawyer directly and escalate from there.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Builder did not disclose that new HOA mgmt co would charge us fees for submitting requests, says unaware. Is this legal?

When we signed our contract there was nothing in there about additional HOA fees charged by management companies for submitting requests. We were only told about dues and other fees. Now they have handed it over to mgmt co who charges for requests and when I emailed the builder they said they... View More

Ben Corcoran
Ben Corcoran
answered on Jun 29, 2023

I would advise that the HOA hire an attorney to review the situation. There are too many unknown facts to be able to give you the answers you are looking for.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What is the Inheritance tax on real property laws in Puerto Rico for non residents?

I inherited a house in Puerto Rico from my mom after her passing. She was a resident of PR but I am not. What % do I have to pay for taxes? Is that percent on the net gains?

Can I reduce the tax by including improvements and mortgage payments that I made after her death?

Thank you!

Nancy

Ben Corcoran
Ben Corcoran
answered on Jun 27, 2023

While there are probably some attorneys barred in NC and Puerto Rico, there are not many. You will get much better advice posting this on the Puerto Rico portion of this page if one exists.

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