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I've had the land surveyed and have a plat map. The seller is also in the process of selling additional land adjacent to the property I'm buying. Because there is nothing recorded showing that I am in the process of buying the land, the buyer of the other property has had all of... View More 
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answered on Nov 12, 2020
You could very well lose the prospective property transfers. Without a Deed conveyance over to you, the owner is still free to convey to others. You might be able to sue him for breach of contract, but you better read your contract verbatim. It sounds like you do not have a set closing date.... View More
Do heirs have more rights than i do what rights do claimed heirs have. To property i am last living owner. And its a bit of confusion do they have same rights as i do whats the difference
answered on Dec 9, 2020
This may depend on how long it has been since the deceased person passed away and if the others named in the will or related persons of the deceased survived the deceased person. A probate lawyer can help determine how to best proceed in what is most likely a Determination of Heirs situation.
Contract for 200 a month on 5000. He played 50 a week even though it was 200 a month. Dealing with covid 19 he is a little behind. 200 became due last week. This week he will have the money to pay but she says the contract is null and void. He needs to move. Is this legal? He is in south Carolina.
answered on Oct 2, 2020
It would be best to modify this as it is being posted under NC when the relevant law is in SC.
I am not licensed in SC, but I suspect that as soon as he failed to make one full payment of $200, forclosure became legal.
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answered on Sep 16, 2020
Not sure of the question. But all heirs at law are needed to convey the property, unless there is a probated Will Devise to certain devisees. Each heir/ devisee can individually convey their interest. But it takes all interests to add up to a fee simple absolute title.
answered on Sep 3, 2020
It really depends on what the lease says. I would recommend that you read your lease in its entirety and if are unsure contact an attorney near you to discuss your options.
7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.
Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs.... View More
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answered on Aug 19, 2020
A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be... View More
Can I do an assignment or Power of Attorney and file for the excess funds w/out an Attonery?..
answered on Aug 12, 2020
If you are the person entitled to the surplus funds you must contact the Court or have an attorney do so on your behalf. A person that has your power of attorney is not going to be able to do this on your behalf.
My home in South Carolina has been under a contingency contract since 6/24-contingency being the buyers get their home under contract by 7/10.They did not get a contract and yesterday asked for an extension and we gave them until 7/22. Today we are told that they want completely out of the contract... View More
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answered on Jul 16, 2020
Read your Contract of Sale carefully. It should have terms dealing with the earnest money and/or liquidated damages. I assume the money is deposited with the real estate agent, which is a problem. If it is a $1K or less, you might forget about it. If more, then you may have to sue in a small... View More
my husband and I are divorced and my name is still on the deed. If he leaves the house to his heirs,
do they get it or do I get half?
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answered on Jul 16, 2020
You have to read the Deed. If no survivorship clause is mentioned, then it is probably Tenants In Common of One Half Undivided Interests each. But you need a competent attorney to look at the caselaw on estates and your Deed. If survivorship is involved then it goes to the survivor. You should... View More
My mother owned a home for 20+ years. She got married a couple of years before her death in 2018. I do not believe she had a will and she lived in SC. Her husband at the time is still living in the house. It has been brought to my attention that my brother and I are entitled to 50% and her husband... View More
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answered on Jul 15, 2020
More than likely you and your sibling own a one third undivided interest as tenants in common each. The surviving spouse owns one third also. If a Will is Probated devising the property to her surviving spouse, then you have no interest. I suggest recording an Affidavit of Heirship in that... View More
My step-sister and I are PR's for our respective parents' estates. We were to execute deeds of distribution for the house, jointly owned by both, to ourselves individually (and then she'd execute a quit-claim to me). However, her deed of distribution has me as the grantee (which I... View More
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answered on Jun 30, 2020
Hire a competent attorney to draft and record Correction Deeds. There are several statutory requirements, including derivation of title clauses which will need declarations of what was corrected on the prior recorded deeds.
My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... View More
answered on Jun 30, 2020
You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.
His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... View More
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answered on Jun 18, 2020
The surviving spouse has no right to anything that is yours.
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answered on Jun 11, 2020
That owner will need to file an Action for a Sale For Partition.
the mortgage is in my name the deed is in both of our names. we did not make any agreements prior to purchasing. he is wanting to sale i want to keep the house what do we need to do??
It was surveyed when my grandfather sold it to her. Does it need to be done again? There are no liens or judgements against the property. She owns it free and clear we just don't know where to start or what the simplest method would be. Thanks in advance.
answered on Feb 25, 2020
She could have a new deed prepared conveying her 100% interest in the property to you. Your question doesn't provide any information as to why she would want to do that. 1) If she is wanting to transfer her property in anticipation of entering a nursing home, she can have a deed prepared that... View More
how long the bank have to issue title without me getting some interest on the money I spent to purchase the house
answered on Dec 23, 2019
Unless South Carolina is different from other states the deed was created on the day you closed on the purchase. There is no specific time-period for the lender to send you the deed. Call the local county clerk's office and ask if they can help you find a copy of the new deed in their official... View More
the majority of the mortgage each month. She doesn't have to file taxes (retired). How does this work? Can my name be added to the financing documents to show co ownership even though it's her credit that is being approved for the loan?
answered on Dec 18, 2019
You will need to speak to the attorney that is doing the closing to see how the deed is being drafted. That attorney will be in the best position to advise you and your mother on that situation.
Does house have to go through probate or can the wife just transfer ownership to her son?
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answered on Nov 15, 2019
It depends on how title was held by husband and wife. If they held as tenants in common then, no, the husband's share needs to be probated. If it was held as joint tenants with right of survivorship or tenants by the entirety then, yes, wife is now the sole owner.
However, before... View More
The estate has been distributed out, but the land was needing to be deeded in his name, which was a major part of his third. Well, the estate has closed, but he never received his deed before it closed. He has tried to contact the executor, but she says she’s no longer the PA and he can contact... View More
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answered on Aug 10, 2019
Your husband should hire his own probate attorney to review the probate file and advise him
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