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South Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Tax Law for South Carolina on
Q: SC. Sold prop, closed Friday,now I suspect bad faith(below).Can I compel buyer to file deed?Buyer is developer.

I sold a titled MH(separatefrom)new surveyed parcel cut out of bigger parcel.New survey not filedyet.I erroneously(way tired) allowed buyer to collect settlement monies as prorated taxes.Also didn't notice til later, settlement docs MH title copy I received isn't signed by buyer.In... View More

0 Answers | Asked in Real Estate Law for South Carolina on
Q: Can a lawyer(buyer) change locks on house before giving seller their agreed money & charger $500 a day for your stuff

Locked out of house, belongings still there, and remaining agreed upon funds have not been given to seller. No final closing papers signed.

0 Answers | Asked in Real Estate Law for South Carolina on
Q: Mortgage of complection was completed and the owner receive a tax lien on the property who has the right away

The mortgage of complection was 4 yrs before the tax lien. The home never got deeded to me after many attempts to get it done

0 Answers | Asked in Real Estate Law and Business Law for South Carolina on
Q: How long can the HOA Board extend the voting deadline in order to obtain the quorum needed to change restrict covenants?

By-Laws require a quorum of 35% to make revisions to the Restrictive Covenants, which the Board calculates to be 124. There were town meetings throughout 2024, plus a committee and ultimately a list of proposed changes to Restrictive Covenants was compiled. There was a ballot vote taken on 10/19/24... View More

0 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for South Carolina on
Q: I moved into an apartment found on marketplace in April 2024. Now being asked to leave by owner (Juy 24) saying illegal

Signed a lease in April. Man introduced himself this week (November) as the owner as of July. I’ve paid $750 deposit and rent to person rented from and she has apparently been “squatting” and though owner has known she is there and has not provided eviction papers to me he has threatened me... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: I have assumed the paying of taxes on a property by request of my mom before her death, how do I transfer ownership

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.

Anthony M. Avery
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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.

3 Answers | Asked in Copyright, Personal Injury, Real Estate Law and Civil Litigation for South Carolina on
Q: A museum was made from my grandfather house and name into a museum. They won't his family access

They refuse to believe me and and his property was stolen

Anthony M. Avery
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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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0 Answers | Asked in Real Estate Law for South Carolina on
Q: Girlfriend has paid the lease for past year. We broke up. She wants me to pay back half. I am on the lease. I moved out.

I was in Iraq for 5 of the months. And training for another month in Virginia.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Carolina on
Q: Mortgage owner left wants to give selling rights to my mother she needs help reviewing and setting up POA, who can help?

My mother was dating a man who took out a mortgage for the home they live in. He left the home due to a dispute, wants to do what is best for her and is asking her to sell home through a lawyer, she is in need of someone to settle this situation civilly with his lawyer, help her review and... View More

Liscah Isaboke
Liscah Isaboke
answered on Sep 5, 2024

Your mother should consult a real estate attorney to help navigate this situation since she’s not on the mortgage. The attorney can review the mortgage and title documents, ensure any agreement with her former partner is legally binding, and negotiate terms with his lawyer. A Power of Attorney... View More

1 Answer | Asked in Probate, Bankruptcy and Real Estate Law for South Carolina on
Q: It a home was foreclosed on during a probate case, can they legally sell it before the case is closed?

My dad filed bankruptcy the week before he passed away from cancer in which the court dismissed due to his passing. Our home was sold at the county auction and we were gave not even 2 weeks to get out and when I asked for 30 days, they got a writ of ejection that stated 30 days (something I... View More

James L. Arrasmith
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answered on Aug 27, 2024

It’s possible for a home to be sold during probate, but specific rules need to be followed. In your situation, where the house was sold at a county auction while your father’s probate case was still open, the sale may have complicated legal factors. Generally, probate courts manage the... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Quite claim to/from deceased parent before they took a reverse mortgage loan. Am I responsible for any debt?
Anthony M. Avery
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answered on Aug 6, 2024

Not sure of your facts. But if the home was deeded to you prior to the reverse mortgage, then you supposedly own it and parents had no interest to sell later which is what a reverse mortgage is. If you did not sign the note, then you personally owe nothing. But if you do not own it, and the... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for South Carolina on
Q: In the state of South Carolina, is the grantor signature needed in order for the grantee to become owner?

My uncle is the grantee of property that my father owned in SC. My uncle recieved the property through a tax sale and it was never redeemed. My brother and I were not aware of this. We received legal documents recently for both of our signatures to remove our interests or rights to the property.... View More

Anthony M. Avery
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answered on Jul 29, 2024

If the grantor does not sign, there is no transfer of title. Hire a SC attorney to search the title and advise what to do. If your Father lost the property in a Tax Sale, then he did not convey anything. Apparently the owner wishes to clear up the title cloud of the redemption that you might... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can my brother and I be forced to sign over rights to land we didn't know about? What options do we have?

My Dad had land that was bought by a distant uncle in a tax sale in SC (1998). The property was not redeemed within in the time frame. My brother and I were not notified, and my uncle claimed the land and is now the grantee. My Dad had health issues, so not sure if he was aware of the situation.... View More

Anthony M. Avery
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answered on Jul 26, 2024

You will need to hire a SC attorney that handles real property litigation. A trial may occur which will require at least the defendants' presence.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can I add my daughter to my 50% ownership deed of property i purchased with my sister, without consent from her?
Anthony M. Avery
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answered on Jul 17, 2024

Yes you can create an estate of your tenancy in common interest with your Daughter, unless the Deed to you is not a straight transfer to two tenants in common. Hire an SC attorney, not a title co., to explain the various interests you can convey to her but keep an interest yourself.

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.

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

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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?

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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.

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