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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... View More 
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.
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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?
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
(919)348-9211
evan@lohrnc.com
If an attorney is not required to draft and file the deed, how do I go about doing it myself? Thank you.
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.
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... View More
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... View More
Long story. I pay some Bill's and am working almost full time.
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.
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.
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.
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... View More
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... View More
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... View More
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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.
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... View More
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... View More
There are three of us and three properties and we each agree to take a certain one. What is the easiest way to change title of the deeds
answered on Jan 26, 2019
You could check with an estate planning/probate attorney if there are other issues. Otherwise, just have a real estate attorney handle the drafting of new deeds.
answered on Jan 8, 2019
It depends on how the title was held. If you owned as tenants in common, her share would be passed down to her heir. If the two of you owned as joint tenants with right of survivorship, you would, by operation of law, absorb her portion at her death. A real estate attorney could look at the dead... View More
The proceeds from my current house (100% mine) plus $300k of my savings are going into the new home. We are taking out a $200k mortgage in both of our names. Will all this be 50/50 after we get married?
answered on Dec 26, 2018
Presumptively, yes, it's 50/50 regardless of title, but the presumption is everything ok enjoy stronger if the house is titled jointly, aynd the mortgage holder will insist that it's titled jointly. You can, however, have an attorney prepare a marital agreement that says otherwise and... View More
We are over and he thinks he can just kick me out. I told him good luck and until I have money to move in wasn't paying anything. Can I do that
answered on Dec 12, 2018
Answer? You own half the house and only he is personally obligated to pay the mortgage. And he can’t kick you out.
answered on Dec 9, 2018
You could check with the North Carolina Bar Association’s lawyer referral service. You could tell them you are looking for a property and casualty lawyer (possibly business-related based on your terms).
Tim Akpinar
The other children want the one in the house to either buy them out of the house or to pay them rent. What is the best course of action since the child in the house refused to do either? At this point, the desire is for the child to move out so the house can be sold.
answered on Oct 17, 2018
Hire an attorney to file a petition to partition the property. Family law attorneys are more likely to be aware of this type of claim. its an action before the clerk of court to handle this exact situation that will likely result in either a settlement of one party buying the other's interest... View More
answered on Sep 19, 2018
An estate file is the collection of documents filed with the Clerk of Court (in the city in which the deceased individual lived or owned real estate) in reference to the administration or probate of the deceased person's estate. These files are kept in a separate area from civil or criminal... View More
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