Tenants
Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... Read more »
answered on Mar 14, 2023
Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... Read more »
I had a realtor who told me he had a rolodex of good reliable contractors to renovate a home. On the house I bought the renovation was originally supposed to be $200K; it is now over $300K and the timeline was supposed to be 4 to 6 months it is now on month 10. There has been no changes to... Read more »
It was and not or
Does it go right back to me can I do what I want
He is trying to sell the home and the mortgage lender will not assist him with any prospective Buyers offer. He has repeatedly requested written authorization to release and convey information, to no avail. Statements do not reflect payments made to decrease the loan balance and he can not get... Read more »
the shed. She notified them and inivited them to pick it up. They didn't. Two months after I bought the home, they attempted to repossess shed. They destroyed my fence and yard. They claim they still own the shed. They are not currently willing to pay for damages. What are my legal options?
answered on Mar 2, 2023
Hire a SC attorney to sue for property tort damages. You will need a witness to establish the cost of repairs.
Developer is trying to purchase all land near us and continues to add more properties. Contract was supposed to close by 13Jan2023 or within 5 days or until all surveys completed. But every new property requires new surveys and delays our closing. So far we have missed 2 closings and I now wish to... Read more »
answered on Feb 20, 2023
It appears your contract is breached unless you agreed to it. You may want to sell to someone else. Consult with a SC attorney. Whatever you do litigation may occur, especially if there is earnest money involved.
My dad passed away 3 months ago- intestate- and is survived by my mother (his wife), my 2 brothers, and myself. His name is the only one listed as property owner for the family house & land. What do we need to do to keep the property in the family? And will it be put in just my mother’s name... Read more »
answered on Feb 20, 2023
Hire a competent SC attorney to search the title, determine heirship, draft an Affidavit of Heirship, and draft a deed from various Heirs to the one Heir which they agree for him to own individually. If multiple Heirs will be tenants in common, someone has to pay taxes and insurance.
The payment is coming from an international bank in Belize to my US account. Does the "initiation" of the wire transfer constitute payment on time, or am I allowed to access a late fee.
answered on Feb 8, 2023
Payment is money delivered to the seller. Do not sign the Deed until you have money in hand. Wire Transfers for real property are notorious for fraud. Hire an attorney to complete this conveyance.
We purchased the home not quite a year ago. Now he wants to split up after 8 years together. Both of our names are on the deed but the mortgage is in his name only. I want to stay in my house. I am not expecting him to pay the mortgage, I will pay it but the mortgage. He had the better credit so we... Read more »
answered on Feb 5, 2023
Were you husband and wife going through a divorce or just purchased the home together while single? I would need this information to properly respond.
How is base price figured on inherited land?
answered on Jan 23, 2023
TN does not have an income tax... If you live here, why are you worried about SC's income taxes? But heir will get a stepped up basis anywhere.
What happens with the partition during the redemption period of the delinquent tax sale?
answered on Dec 6, 2022
Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.
answered on Nov 25, 2022
Hire a competent SC attorney to search the title and determine ownership. File suit to Set Aside the Fraudulent Conveyance or sue to Quiet Title to your interest. Ejectment probably will not work, as any Tenant In Common can convey their lawful interest. At worst, file suit for Partition against... Read more »
The branches of a tree in our yard extend into a neighbor's yard space. The neighbor states that he would prefer not to pay a tree service himself to trim the branches.
answered on Dec 2, 2022
A South Carolina attorney could advise best, but your question remains open for three weeks. Until you consult with a local attorney for specific property law, the short answer nationwide is that one could be liable for damage their overhanging tree causes to a neighbor's property. Good luck
This is in rural Lexington county south carolina. Not Durham n.c. I pay the property taxes, the homeowners insurance, do all the maintenence, upkeep and many improvements to the home.
The house has already been auctioned through the the court and the money paid to the courts and lawyers...and the surplus.... after ALL of it was paid has been ordered by the judge to be disbursed to me and only me... But where do I go to collect? Who do I need to speficially contact?
answered on Nov 1, 2022
You need to contact the person who conducted the sale of the property. This person may be called a Master, Special Referee, or Judge. There is a form you will need to file to claim the proceeds. The person conducting the sale may have the form for you to sign or you may have to obtain the form... Read more »
I want to put it on paper and make it official but not exactly sure how to write it out
answered on Oct 17, 2022
How have you been given land? Will, Heir, Order of Court? Hire a competent SC attorney to search the Title, draft a Deed with a Derivation of Title Clause, and try to get it executed if it is an actual gift. Otherwise an Affidavit of Heirship might be recorded, with no Deed as ancestor is... Read more »
answered on Oct 10, 2022
Hire a competent SC attorney to file an action for a Sale For Partition.
answered on Oct 7, 2022
Hire a lawyer to draft the Deed. No title companies nor internet forms. Otherwise you will make a permanent mistake.
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