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I discovered that the deed to my home, issued in 2022, does not include my full legal name, as it only contains the second part of my two-part last name. Although I haven't had to use the property record to prove ownership or residency yet, I'm concerned about this discrepancy, especially... View More 
I currently own a piece of family land in South Carolina that my brother signed over to me about 10 years ago in an attorney's office without a written agreement. My brother, who has been paying the property taxes and has made improvements, now wants to sell his home and the land, but I do not... View More
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answered on Apr 12, 2025
If the deed to the land is in your name and was properly recorded, then you are the legal owner—regardless of who has been paying the taxes or making improvements. In South Carolina, once a deed is signed and recorded, ownership transfers, and your brother no longer has a legal claim to that... View More
I have been living on my mother's property for the last 10 years, both while she was alive and after she passed away. Since no probate proceedings have been initiated, will I be able to put a different mobile home on this land, even though the land isn't in my name? Do I have any rights... View More
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answered on Apr 12, 2025
If the land is still legally in your mother’s name and probate hasn’t been opened, then the property hasn’t officially passed to anyone else yet. That means you technically don’t have legal ownership or authority to make changes, like placing a new mobile home on it. Even if you've... View More
I have heirs' property and I'm the only one paying land taxes for the past 4 years. There are no written agreements about tax payments among the heirs, and I haven't notified other heirs about my payments. How many years should it take for me to gain ownership if I'm the only one paying taxes?
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answered on Apr 12, 2025
In South Carolina, you may be able to gain ownership of heirs' property through a legal process called "adverse possession," which allows a person to claim ownership of land after continuous use and payment of taxes for a certain period of time. However, for adverse possession to... View More
I am a 68-year-old resident living in a mobile home in Campobello, South Carolina. My roommate is in a wheelchair, and we've been facing several unaddressed repair issues like lack of underpinning, a sinking kitchen floor, black mold on the ceiling, and a power box with uncovered live wires.... View More
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answered on Apr 12, 2025
In South Carolina, landlords are required to maintain rental properties in habitable condition, meaning they must address serious repair issues like mold, live wires, and a sinking floor. If these issues have been reported and remain unaddressed, you may have grounds to challenge the rent increase... View More
I am a 68-year-old resident in a mobile home in Campobello, South Carolina, living with a roommate who uses a wheelchair. Recently, a new realty company took over our property and notified us of a rent increase from $400 to $600 starting in May. There might be a lease agreement that was sent, but... View More
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answered on Apr 12, 2025
In South Carolina, landlords generally have the right to increase rent, but the amount and frequency of the increase must be reasonable and in accordance with the lease agreement. If you don’t have a clear written lease, the situation can be more complicated, but the landlord is still required to... View More
I live in a condo in South Carolina, and a water heater and dishwasher leak from the upstairs condo caused damage to mine. It has been deemed the fault of the upstairs condo owner, but I am unable to obtain their insurance information. What steps should I take to file a claim or address this... View More
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answered on Apr 12, 2025
To address the damage caused by the upstairs leak, the first step is to document all the damage thoroughly. Take photos and keep records of any repairs or communications with your landlord or neighbors regarding the issue. You should also report the incident to your condo association if you... View More
I am seeking advice on what steps to take after an internet company mistakenly installed equipment on my property, resulting in holes in my siding and a dug-up yard. We never signed up for their service, and they have admitted the error. They offered 3 months of free internet, but have refused to... View More
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answered on Apr 12, 2025
It sounds like the internet company made a significant mistake, and you’re right to want them to take responsibility for the damage. Since they admitted to the error, you should first send a formal written letter to the company. In the letter, describe the damages, include the timeline of events,... View More
I received a letter from the city regarding unpaid taxes on my property for several years. The city had my very old home torn down, but I am unsure if it was auctioned off. I want to know what steps I can take to get my property back, despite the house being demolished. I haven't reached out... View More
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answered on Mar 25, 2025
Hire a SC attorney to search the title and determine the present title. Taxes and Liens will be very important here, so if you plan on being the owner, expect to satisfy the County immediately.
I was awarded the house in my divorce settlement in South Carolina, but I'm facing difficulties refinancing with my current mortgage company. Can the Garn-St. Germain Act be applied in this situation to help me qualify for refinancing or mortgage assumption?
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answered on Apr 12, 2025
Garn-St. Germain Act Protection for Divorce Property Transfers
Yes, the Garn-St. Germain Depository Institutions Act can be highly beneficial in your situation as someone awarded a house in a South Carolina divorce settlement. This federal law specifically protects transfers resulting from... View More
I am the president of a small (5-unit) HOA, and our bylaws have not been updated since 2006. We are addressing parking rights, which are not specified in the current bylaws. A tenant has offered a parking spot to a friend who does not live on the premises, and I am concerned about liability and... View More
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answered on Apr 12, 2025
To update your HOA bylaws and address the parking issue, you'll need to follow a structured amendment process that complies with South Carolina regulations. Since you've met the 65% quorum requirement, you're already on the right track according to the South Carolina Homeowners... View More
My grandfather passed away and willed everything, including property, to my son. After probate, the land was transferred to our name. The deceased’s stepdaughter, who was not included in the will and has no lease agreement, is living in a rundown trailer deep in the woods without power. She used... View More
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answered on Mar 6, 2025
You need a SC attorney to sue her for possession (so called eviction). It will be a difficult one to serve and execute your judgment, so do not do this yourself.
I moved into a newly built home in an already established neighborhood, only to discover several months later that it is across the street from a water treatment facility, which causes a bad smell. The developer did not disclose this information when I purchased the house, and there was no mention... View More
answered on Feb 18, 2025
Your question is unclear as to whether you could have seen or discovered this issue before you purchased the home. If you could see this facility, it would be up to you to investigate whether you might want to purchase a home with a location near a facility.
Even if you could not see the... View More
My father passed in 2022 and his mobile home still had a lien from GreenTree that he paid off over 20 years ago. We have no paperwork showing it was paid off. GreenTree sold to Conseco who sold to Dietech, all of which are bankrupt now. We cannot obtain a title without a lien release and we cannot... View More
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answered on Jan 20, 2025
Hire a competent SC attorney to file a Quiet Title Action that the Note is either paid off or unenforceable due to the SOL. Publication Notice could be expensive in addition to attorney fees. If MH is not worth it, then forget about it.
answered on Jan 16, 2025
The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).
Successor trustees are named in the event that the named trustee is unable or refuses to serve.
As you have probably surmised, being designated as a trustee comes... View More
answered on Jan 9, 2025
If you as a tenant want to get out of a rent-to-own contract in South Carolina, the first step is to carefully review the agreement. Most contracts outline the process for early termination, including any penalties, notice requirements, or refund policies. Understanding these terms is essential, as... View More
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answered on Jan 7, 2025
Only in Court can you ask for contribution reimbursement, which would be a partition suit. Otherwise you will probably only get 1/2 of the proceeds, unless you get an agreement.
They basically kick us out because we inquired about a repairs that need to be done. What are my rights in south carolina. The heirs are still pending executer status, in another state they are still processing the legal ownership to be spilt with other heirs.
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answered on Dec 12, 2024
Apparently you only had lease with option to purchase, which is not a deed conveyance. You might try to file your contract/lease as a claim against the estate if there is a probate proceeding. You might also file your contract, if notarized, with your County Register as a cloud on the... View More
My mom had been doing the same. She was managing the tax payments for the property which belongs to my deceased grandmother. Its only 5 acres of land, nothing on it. I live in NC, property is in SC. Grandma lived and died in FL, my mom last lived and died in NC.
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answered on Nov 5, 2024
I would hire a NC attorney to determine heirship, then file an Affidavit of Heirship in SC. But Grandmother's death in FL might complicate the heirship equation, and demand research on FL intestate succession. The
A of H will be the owners' source of title of record.
They refuse to believe me and and his property was stolen
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answered on Nov 1, 2024
You might hire a SC attorney to search the title. Then possibly file an Ejectment or Action to Recover Personal Property by his heirs/next of kin.
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