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South Carolina Real Estate Law Questions & Answers
2 Answers | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for South Carolina on
Q: What can I do about an ex husband who refuses to refinance the house we shared and remove my name?

We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Jun 21, 2024

You would nee to hire a family court lawyer to take you ex-husband back to court to force the refinancing of the home. Get a consultation with a lawyer in your area to review your divorce decree and to advise you.

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: Looking to apply for a HELOC with the consent of another person on the deed for the property

My mom and I own a property together free and clear. She would be willing to sign her consent to me getting a HELOC to renovate, but if I am going to be the only one on the loan, how much could I borrow against the property? Would I only be able to borrow half the value since my mom has 50%... View More

Anthony M. Avery
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answered on Jun 14, 2024

It is up to the lender as to how much they will loan against the home. Mom will probably have to sign the Note also.

0 Answers | Asked in Real Estate Law for South Carolina on
Q: real estate issues

My boyfriend, currently incarcerated, over a year ago, he had granted me permission to sign his name on a quick claim deed to transfer the property into my name. This is necessary as his stepmother and late father were attempting to evict me from the house. Unfortunately, his stepmother is now... View More

0 Answers | Asked in Real Estate Law for South Carolina on
Q: Need to sell property. To close on a cash sell, they need retirement letter of mobile home. Cannot get one.

My sister gave me home to move it from her property. She had retired the title before. I moved it to an acre of land I owned. Went to dmv and they have no record of it being retired. It was several years ago when it was retired. Will I never be able to sell it?

0 Answers | Asked in Real Estate Law for South Carolina on
Q: 2nd request - I never received a reply to my question from Feb. 29 this year. I'll enter it below:

I was told land around a grave is protected. I asked a local mortuary how far that is = didn't know. How many feet is it?

The mortuary said not to worry about it, just put a fence around it. Once a body is buried there, it won't be touched. I know there must also be a right-of-way... View More

2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

James L. Arrasmith
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answered on May 9, 2024

I understand that you're in a difficult situation regarding the land and mobile home. It seems there are a few legal issues at play here that would be best addressed by consulting with a qualified attorney who specializes in real estate law. They can review the specific details of your case... View More

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1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for South Carolina on
Q: What legal action can we take?

My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for South Carolina on
Q: A tax levy against a mobile home on my property has transferred ownership. The new owner has been renting home during

I want to know how to pursue and regain ownership of the mobile home

James L. Arrasmith
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answered on Mar 16, 2024

If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: I had a timeshare. I recently hired a layer and got out of it. Now my credit is ruined. Anything I can do?

I didn’t find out about my ruined credit until the lawyer had closed my case and I went for a home equity loan. The late payments only show when they are doing a credit check for real estate. I bought a new car with no problem. Now I can’t fix my house and sell it to move closer to family. I... View More

Matthew McKenna
Matthew McKenna
answered on Mar 15, 2024

There's a possibility that this timeshare company was only reporting to 1 or 2 of the credit bureaus and the auto loan company only pulled credit reports from 1 or 2 of the credit bureaus (or have different guidelines for approving a loan such as using the "middle score") but when... View More

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: I have just received a letter threatening foreclosure on my home for 600$ (two years HOA Dues.

The first year of being late HOA locked me out of my account and has not let me make any payments for previous or current years. They have charged me a daily fee of late fee, administration fees and my $600 bill is now $2600.00 2 years later. I can’t even pay my upcoming year because I am locked... View More

Anthony M. Avery
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answered on Nov 21, 2023

You might file a declaratory judgment action and also ask for a temporary injunction. You will need a SC attorney who can file suit fast.

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: If a piece of property is in a trust for a person's daughter, can the parent lease out part of the property to someone?

Mother is alive and lives on property, wants to lease part of it to a nonprofit,can that be done?

Anthony M. Avery
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answered on Nov 1, 2023

Is the Mother the Trustee? If so, then yes. Trustee makes these decisions in accordance with the Trust terms.

2 Answers | Asked in Real Estate Law for South Carolina on
Q: At what point can I get my key for a purchased property
T. Augustus Claus
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answered on Oct 24, 2023

The point at which you can receive the key for a property you've purchased can vary depending on the terms of the real estate transaction, the specific agreement you have with the seller, and any applicable local laws. Generally, key handover typically occurs at the closing of the real estate... View More

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1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
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answered on Oct 18, 2023

In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a non-profit HOA in South Carolina have a fundraiser that involves people outside the HOA community?
James L. Arrasmith
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answered on Nov 9, 2023

Yes, a non-profit homeowners association (HOA) in South Carolina can typically hold a fundraiser that includes individuals outside of the HOA community.

It is important to ensure that the fundraiser complies with the HOA's governing documents, state laws, and any local ordinances....
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1 Answer | Asked in Communications Law and Real Estate Law for South Carolina on
Q: Are residents able to retain any emails that invoke their own name/address from an HoA/Poa in South Carolina and
Tim Akpinar
Tim Akpinar
answered on Oct 28, 2023

A South Carolina attorney could advise best, but your question remains open for five weeks. Some questions go unanswered; you could try posting under Real Estate for better chances of a response. But as a general legal matter in retaining emails in any setting, it could depend on the entity's... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I co-own a property with another person. He is about to get a mortgage and build a home on the property, and he thinks

that he can title the home in just his name.

Where do I stand legally?

Anthony M. Avery
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answered on Sep 25, 2023

Hire a SC attorney to search the title and determine ownership. Then notify the lender if you are an owner. A mortgage is possible but not worth much if not all owners encumber the real property.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Live in South Carolina, our property (lot) was illegally listed by our old neighborhood on Zillow, MLS with Broker

what is our recourse, to SUE, the lot was listed without any knowledge by us.... listed for 110,000

This is a big money private country club with deep pockets I have all the screen prints of the online listing with the broker details and the sales agent In addition, this listing occurred... View More

Anthony M. Avery
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answered on Sep 14, 2023

You will need a competent SC attorney that handles real property litigation, and there will be few that know what to do. Slander of Title, Trespass, along with a possible Ejectment action will be causes of actions. The title needs to be searched, and with the suit, a Notice Lis Pendens needs to... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My brother passed away 11/5/2022. He did not have a Will.

He was not married and had no children. It is just me and my and my younger brother who lives in another state.

I am the Personal Representative. The younger brother has said he is fine with me getting everything. He will sign off to that as well. The house is paid for. I am taking care of... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

It depends on whether the probate court appointed you as an independent personal representative or a dependent personal representative. Your probate lawyer should explain these differences to you. Even if court approval is required, under the circumstances you describe it should be perfunctory.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: If you are buying a house and the roof has a leak in just 2 months is it covered by warranty
T. Augustus Claus
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answered on Aug 7, 2023

In South Carolina, the specifics of whether a leaky roof in a newly purchased house is covered by warranty can depend on the terms of the warranty agreement and the state's laws. Generally, new home warranties cover certain defects for a specified period of time, but the exact coverage and... View More

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