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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.
On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?
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answered on Aug 22, 2022
You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... View More 
My grandfather passed away and my grandmother needs a new deed with my grandfather removed to purchase new home insurance.
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answered on Jul 31, 2022
Yes the NC attorney can draft a Deed. But I doubt Grandmother will be getting a new Deed, as survivorship probably determines Title here. You at least need an attorney to review the present Title if not search it.
Property was sold with out notification to heirs living on the property
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answered on Jul 18, 2022
Consult with a competent SC attorney to exercise your Redemption Rights quickly if you still have them. Time is of the essence. It will take money, or forget it as someone should have paid those Taxes.
The neighbors have a driveway to their property on the backside of their house. The easement is not granted in the deed. How do we go about keeping them from using the driveway that is on our property?
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answered on Jun 6, 2022
You need a SC attorney to search both Titles. The adjacent owner may have a Prescriptive Use Easement or an Easement By Implication, which might be provable in Court.
A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.
The wife is trying to sell the land in SC but this issue arose... View More
answered on May 16, 2022
This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... View More
His grandfather is paying a mortgage on the house my partner inherited, and he is threatening to foreclose on the home. What rights does my partner have? Will we be forced into homelessness with no further say in the matter?
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answered on May 2, 2022
Whoever owns the mortgage is the one the that can foreclose. If the notemaker buys the note, then he can foreclose. It sounds like he is threatening to quit paying the note. Being the executor probably has no relevancy here.
We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us... View More
answered on Apr 18, 2022
The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.... View More
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
answered on Apr 5, 2022
Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.
the seller. the deed was only signed by me and the seller there was no lawyer or notary present and i never recorded the deed. is it still valid? or did i get screwed?
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answered on Feb 16, 2022
You need to hire a SC attorney to examine your Deed and perform a title search, basically to see if you are the owner. Have you paid taxes? Hopefully you will need to record the Deed and pay property taxes. Otherwise you may only have a claim under color of title.
what happens when you do a QuitClaim Deed of property over to a Private Common Law Irrevocable Ecclesiastic Trust? If the person’s name is on the recorded Deed as owner… meaning legal owner of the property, having a legal interest in the property referring to the right to possess or use... View More
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answered on Nov 15, 2021
Transferring property to a trust does not magically remove security interests. If the loan goes into default due to lack of payment, the lender may foreclose its lien.
answered on Dec 7, 2021
A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... View More
He’s become petty and hinting that he can have my name removed from the deed without my consent, though ownership is 50/50. I’d like to sever ties and he can afford the buyout. Also, he has the only deed in his possession. Any advice is appreciated. Thank you
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answered on Oct 28, 2021
Deed should be recorded at the Courthouse. You could hire a competent SC attorney to file an action for a Sale For Partition, if you are actually a titled owner.
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answered on Oct 4, 2021
If the land has any actual value then hire a competent SC lawyer to draft the Deed. It is not a simple task and a mistake could be catastrophic.
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answered on Sep 30, 2021
Not sure of your question. But if there was a breach of warranties on the Warranty Deed, or some type of dislosure fraud, then a cause of action may exist. It is up to the buyer, now owner, to sue you. If there has not been a Deed executed yet, then read your Contract about each Parties'... View More
The buyer wants to have a letter notarized that she will be buying the home and is giving money to the seller to do so. She is unable to complete the entire transaction due to time constraints at the moment and would like to know if the notarized letter will hold up in court.
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answered on Aug 30, 2021
It does not sound like the so called buyer is actually buying anything. Land is usually transferred between living bargainors by Deed and there are several statutory requirements for a Deed to be recorded and enforceable. She needs to hire a competent SC attorney and forget about the notarized... View More
My mother is a co-owner on my home. The mortgage is paid off, but she does not want to put the deed in only my name. Is there anyway for me to remove her name from the deed and title? She is not and has never lived in the home with me. Also all the utilities are in my name.
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answered on Jun 28, 2021
If you cannot get her to agree to give you a Quit Claim Deed, then you may have to hire an attorney to file a Sale For Partition Action.
The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... View More
answered on Jun 22, 2021
S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... View More
Hi, my question is in reference to a home that was given to me by my aunt before she died. The original name on the deed is my uncle who has been deceased for about 25 years. His wife gave me the home before she died about 15 years ago. I have lived in the house since then. Their children all live... View More
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answered on Jun 8, 2021
Hire a competent attorney to search the title, determine heirship, draft and record an Affidavit of Heirship, then draft a Deed for the other tenants in common to convey their interests over to you.
With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children
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answered on May 30, 2021
You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of... View More
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