Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am selling a piece of land to a relative and would like to add a restriction to the deed before selling to prohibit mobile homes on the property. I have already received the offer to purchase contract from him. Does the deed restriction need to be in place before this contract is accepted, or can... View More 
answered on Feb 14, 2022
Without seeing the contract in question I can't give you a solid answer but the actual restriction is put in the deed. But the contract may prevent you from adding the restriction.
My elderly parents own 2 lots in unicorporated Columbus county. They have a mortgage on the property. A neighbor built multiple structures that clearly encroached on my parent’s land. They told the neighbor this but the neighbor claimed my parents were wrong. To make sure, I had a survey done... View More
answered on Feb 14, 2022
There is nothing preventing the sale of a mortgaged property; it just frequently triggers a due on sale provision in the mortgage. Without seeing all the paperwork, I could not tell you if what was done was legal or not. My advice is to speak to a local lawyer who can pull all the files, review the... View More
Sibling transferred property to them as parent was dying and couldn’t speak I assume to avoid probate. Also sibling had apparently gamed the system by purchasing property in my parents and his name do wife couldn’t get it as inherited property can’t be taken. Is this not fraud? Tax fraud?... View More
answered on Feb 2, 2022
If someone transfers real property to themselves using a POA it is voidable, contact an attorney local to the area and ask them to assist you with having everything undone.
My name is Keshia.
answered on Jan 27, 2022
Talk to the bank normally mortgages are not assignable and you will have to enter into a new mortgage with the bank.
I was designated as the executor of my grandmother's will. In her will she left her home to her surviving children (my mother, aunt and two uncles) who wishes to quick claim deed the house to me.
answered on Jan 27, 2022
I would advise having an attorney draw up the deed just to make sure everything is done properly but yes you can draw up the deed and it should be signed in front of a notary. All spouses will have to sign as well.
What is the least expensive loan option for him? Can he get a loan to pay off the current mortgage that includes a construction loan?
answered on Jan 25, 2022
Talk to the bank; this is not a legal matter. It is strictly a financial decision by the bank.
Me and my wife bought a house on her family's land. Recently their grandmother has died without a will leaving it to about 5 different hires. due to their financial issues no one wants to pay the mortgage left on the property. Just wondering what I can do legally or will we just lose our... View More
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answered on Jan 24, 2022
Hire a competent NC attorney to determine heirship, and if there is sufficient equity, file an Action for a Sale For Partition. Act now.
My mother left 63 acres to my sister and I but failed to divide it. What steps do i take to secure my share of acres in my name and how do I request the acres I prefer. Do I need a attorney to represent me in this matter?
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answered on Jan 24, 2022
Hire a NC attorney to search the title and determine ownership. It may be easy to draft two legal descriptions, but you will probably need to survey it for two tracts. Then each heir conveys the applicable tract to the other, in two Deeds.
answered on Jan 18, 2022
Generally speaking, when a company is bought, the buyer assumes all debts and liabilities of the selling company. I would advise contacting the new company and seeing if they will honor the warranty; if not, you should contact your homeowners insurance and they will hire an attorney on your behalf.
Hired a contractor and he advised me there is a structural issue. The previous owner removed 3/4 structural poles from basement to make it one large room and never reinforced the structure. I have been ripped off from a previous contractor and I don't have the funds to repair the structure,... View More
answered on Jan 18, 2022
I cannot advise you on what your insurance may cover, and you will have to call them and ask that question. However, it sounds like you have a valid lawsuit against the home inspector. I advise contacting a local lawyer and have them give you a complete assessment of your situation. Be aware that... View More
husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out. we lease the land so it's not real estate because it's a camper with an addition built on to it (house) and a golf cart/storage building. It's worth $170,000.... View More
answered on Jan 4, 2022
I suggest that you post this in the SC section of the site, right now you are in the NC section and most lawyers cannot legally give advice outside of their state.
answered on Dec 6, 2021
Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.
answered on Dec 6, 2021
If you are currently married, unless you signed a free trader agreement or some other form of prenup, no you cannot sell the property without your spouse joining the sale.
In 2010 my husband moved here with his girlfriend and they signed a hand written owner financing agreement with her parents. They married in 2013. She passed in 2015 and he adopted her girls which wasn't finalized until 2016. In 2017 they drew up legal documents on the purchase and owner... View More
answered on Nov 29, 2021
Without seeing the recorded documents, I couldn't give any opinion as to what could happen. But I suspect that they cannot void the contract, and your husband can refinance. My advice is to have a local real estate attorney look at the documents and give you a formal opinion.
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answered on Nov 10, 2021
Probably not as the Court appointed Salesman and his expenses, as well as lawyers, surveyors, Court Costs, etc. all get paid first prior to distribution after a Court Ordered Sale For Partition.
Each party received a HUD prior to closing. Buyer’s agent never submitted amendment to attorney changing the purchase price. The amendment was signed by seller and buyer. The seller received more proceeds at closing than they should have. Who would owe the buyer?
answered on Nov 4, 2021
If the Buyer's agent was responsible for turning in the amendment then my first response would be them, with a secondary responsibility to the seller. However, I can see several scenarios where the buyer and seller signed documents that assented to the unamended contract again.
Buyer wants to treat the houses separately but I don't think that is possible without subdividing the lots.
answered on Nov 1, 2021
You are correct you must subdivide if they insist on buying them separately.
Can she put it in her Sons name, or sell it to him for $10.00?
answered on Nov 1, 2021
Depends on how the land is currently owned, without seeing the current deed or will that left it to you I couldn't answer whether or not the estate could force a sale.
As to the part about her gifting it to her son or selling it for far below market value, once again I would have to... View More
Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... View More
answered on Nov 1, 2021
Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.
What are the ramifications of selling each house separately on the same lot? I do not plan to subdivide the lots.
answered on Nov 1, 2021
You do not sell houses you sell the land that they are affixed to, so in this case, you would be selling one tract that has two houses on it.
Ask for them to give you an offer for both houses and they can subdivide if they so choose.
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