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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a home owner in an HOA collect email addresses of other home owners using a glitch in the HOA online portal?

I am receiving emails once a week from a particular homeowner who misused a glitch in our HOA's online portal to download all home owner information and is now using those email addresses to run a campaign against our current HOA. He is quoting Article 55A and claiming these email addresses are... Read more »

Will Blackton
Will Blackton answered on Oct 30, 2019

It depends, but probably doesn't matter. There is unlikely to be a legal cause of action against someone emailing everyone in a neighborhood.

Federal law prohibits accessing a computer without authorization, or in excess of authorization, but that law is probably inapplicable here....
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1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: What happens to the house in NC when one of the owners dies?

Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 14, 2019

Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Can I cancel a timeshare I just signed up for?

I was in Akumal, Mexico 2 weeks ago and signed up for a timeshare. I got a great deal and it's not that I can't afford it but after thinking about everything for 2 weeks I'd rather do something else with my money. They mentioned something about not being able to cancel it but there has to be... Read more »

Michael Hales
Michael Hales answered on Oct 10, 2019

Timeshares in Mexico give you a 50-day rescission period, so you're likely too late to use that route. You may still be able to get out of the contract, but you no longer have the easiest route to a refund/cancellation. When I've helped clients in similar situations, some have mentioned facts that... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My deceased father's estate is in probate with a sibling as administrator. My father's residence is not a part of the

probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then it... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in April 2019. In North Carolina, is my father's residence a part of the probate process? Does the

Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Sep 2, 2019

The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Father passed in Spring 2019 with a Will and debt free residence. Is the residence separate from the estate which is in

probate as Executor passed before father and no identified successor Executor? Residence was left to be distributed to children.

Nina Whitehurst
Nina Whitehurst answered on Sep 2, 2019

If the residence was in your father’s name then it is part of his estate. The probate court can appoint an executor. Usually a family member petitions the court to be appointed. A local probate attorney can help you with this.

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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: I have farmland I want to sell, presently rented to potential buyer. Rent is due in October for this year. If he buys,

He wants to include the rent as part of the price we discussed. I say no, we've had this rental agreement for yrs & that agreement has nothing to do with the price of the land . If he buys he still owes me rent for land he has farmed and sold his crop for this yr. What say you?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

This is not a legal question; it is a business question--the answer to which is entirely in your capable hands.

As a practical matter, I have seen many clients lose great opportunities to sell their property by "waiting for the top eighth.'

IMO, insisting on all the rent between...
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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Promisorry note does not explicitly stipulate interest. Could I still be required to pay interest?

During an owner financed real estate transaction, I signed a deed of trust, a promisorry note, and a HUD-1 settlement statement.

The note states the "principle", $200,000, will be repaid over 120 months via monthly payments of $1,800. This results in a flat 8% interest rate if I paid for... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

The terms on the note will prevail over the other documents. In this case to remain current under the note all you need to do is pay the $1,600 monthly payment for 120 months.

1 Answer | Asked in Real Estate Law and Contracts for North Carolina on
Q: Could a typographical error in a promisorry note cause me to lose the house I purchased?

During an owner financed real estate transaction, I signed a promisorry note. In a section titled PAYMENT it states I will pay the note back before 1/01/2029 via monthly installments, however under another section, BORROWERS FAILURE TO REPAY, it states "If I do not repay the loan amount in full... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Since today is July 19, 2019, the answer is obviously no. If you were in default you would certainly know it by now.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: I recently purchased a new home for rental purposes and asked the builders agent why the previous buyers had not closed

I asked the builders agent twice and I was told it simply did not work out for them. I believe there was an affirmative duty to tell me if anything involved a defect with the house, so I assumed it was a problem with loan qualifying. I had studied the radon maps for this county in NC and did not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Stop listening to the nosey neighbors--who probably do not want you to purchase the home because you are planning to rent it out. Happens all the time.

Bottom line: You will be unable to do anything about the alleged radon problem--and apparently unable to sleep--unless and until you find...
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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My sister and I bought property in NC together. The deed reads as "Joint tenants in common with right of survivorship"

My sister and I bought property in North Carolina together. An attorney filed the paper work and the new deed reads "Joint tenants in common with right of survivorship". I understand (matches the situation exactly) the "joint tenants in common". I understand that the ROS keeps the property out of... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 1, 2019

The spouses would not inherit, because the property would pass to the survivor and only the survivor's spouse would inherit (maybe). I say "maybe because I've never of "joint tenants in common with a right of survivorship". It's "tenants in common" or it's "joint tenants with a right of... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: If executor of estate/will does NOT inform 1 of 3 heirs of estate is that illegal?

I've not been informed of estate sale(date) but everything in house is gone. Found out from friend car sold but I've been told nothing. Is this legal? The other 2 heirs are my sister and her son. Sis is executor. What is my recourse on this? Is this breach of contract?

Charles Evan Lohr
Charles Evan Lohr answered on Jun 28, 2019

If the executor has been appointed by the clerk of court and probate opened, then an inventory of the property should be filed along with periodic accountings. Please feel free to contact me if you'd like to discuss further.

Thank you,

Evan Lohr

Attorney...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is an attorney required to add my daughter's name to the deed to my personal residence in North Carolina?

If an attorney is not required to draft and file the deed, how do I go about doing it myself? Thank you.

Vincent Gallo
Vincent Gallo answered on Jun 26, 2019

If you feel confident that you could execute on the task without the aid of an attorney, at least in New York, you would be free to do so.

1 Answer | Asked in Family Law, Real Estate Law, Child Support and Collections for North Carolina on
Q: My family just sold my grandparents estate and I'm due an inheritance. I owe back child support. I know that it can be

taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The... Read more »

Angela L. Haas
Angela L. Haas answered on Jun 19, 2019

Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without filing a... Read more »

2 Answers | Asked in Consumer Law, Contracts, Family Law and Real Estate Law for North Carolina on
Q: I'm 18 in NC. My parents kicked me out without notice. Aren't they supposed to have a written notice in advance?

Long story. I pay some Bill's and am working almost full time.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Sorry, but no. The law does not require parents to give any notice to their adult children before they kick them out of the nest. You might understand why someday--when you have adult children.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If mother and daughter names are on a house title can mother sign daughters name if daughter is incarcerated

Mother paid all of house payments. Daughter and mothers names was on deed to land.Land was used as collateral. Loan copy put both names on title only mothers name should have there.

Vincent Gallo
Vincent Gallo answered on Jun 14, 2019

Not without a Power of Attorney.

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for North Carolina on
Q: I have been trying to do a short sale for over a year, after finally completed all of the process the mortgage company

Sold my loan, the new company is still affiliated with the old one, they stated that I have to start the process over, which will cause me to lose my buyer.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

This new trick is becoming all too common in the mortgage lending industry. Your best bet is to hire a good real estate lawyer and have them write a very strong letter to the original lender and the new lender warning both of them that you may take legal action against both lenders if necessary to... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: I'm wanting to purchase a family home the most inexpensive way without using bank financing.

My grandma wants 120k for her property (free and clear), which I just moved into. I'm also an investor that plans to update the home, possibly cash out refi, and rent it out after purchase. I'm wondering what options I have as far as purchasing. 120k is top of the market price "as-is" so I can only... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

There is no difference between seller financing within a family and seller financing involving strangers. In either event, to protect yourself and your grandmother from possible trouble later, you and your grandmother should hire a lawyer to draw up all of the necessary papers to consummate the... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a home being purchased without mortgage, be deed/title in parent and minor sons name?
Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2019

Certainly. Alot of Life Estate/Remainder Deeds contain these type of Grantees. If the Minor wishes to convey or borrow against the property, then he will probably need approval of the Court.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Mom lived in Va & owned property in NC. I’m the beneficiary & live in Va. What are the steps to transferring to me?

My mother lived & died in Va. The will has been probated in Va without any issues. My brother & I are co-executors to her Estate. We have a letter of qualification from the clerk of court. I live in Va in the same county as her. My brother lives in Ala. We are the sole beneficiaries. She owned a... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Feb 15, 2019

A certified copy of the will and the probate file must be filed with the clerk of court in the county where the real property is located and an order or probate entered there. Depending on the county, there are sometimes es additional steps that must be taken. Feel free to co text me if you need... Read more »

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