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North Carolina Real Estate Law Questions & Answers
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 »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My brother was made the executor or trustee of the trust when my parents died and we are going to split up the property

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

Kelli Y Allen
Kelli Y Allen 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.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My sister passed away Dec 18, 2018. We both co-owned a house. Does her heir inherit her part.
Kelli Y Allen
Kelli Y Allen 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... Read more »

2 Answers | Asked in Real Estate Law and Family Law for North Carolina on
Q: I am getting married and we are going to be purchasing a house in a few months. Can I put just my name on the house?

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?

Melissa Averett
Melissa Averett 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 gives you... Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I moved in with my boyfriend. We bought a house I'm on theach deed but not the loan. What are my rights

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

Vincent Gallo
Vincent Gallo 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.

1 Answer | Asked in Personal Injury and Real Estate Law for North Carolina on
Q: I'm look for a Business Property and Casual Lawyer. Personal injury in NC.
Tim Akpinar
Tim Akpinar 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

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: Parents died and in will left home to children. One lives in the house, won't pay rent to others and won't move out.

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.

Melissa Averett
Melissa Averett 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 or a... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: how do you find an estate file? what exactly is an estate file?
Sara W. Harrington
Sara W. Harrington 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 files.... Read more »

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: My husband and I purchased a house in 2015. In 2017, we moved to Colorado and leased the house.

My husband passed away in 2018 in Colorado. He had a will that was prepared in Colorado that I have not submitted for probate. Now I’m ready to sell the house in NC. Do I have to probate the will first, or is his will sufficient?

Ben F Meek III
Ben F Meek III answered on Sep 4, 2018

It depends on how you and your late husband owned the house. If you held title as, for example, "A and B, husband and wife, as joint tenants with right of survivorship and not as tenants in common", you will not have to probate your husband's Will just to sell that property. The joint tenancy... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: My aunt sold her land to a nephew and keep lifetime rights. He is getting divorced and filed bankruptcy.

She has tried to buy back her property and he has refused, does she have any rights to get her property back

. She lives in harnett county.

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 29, 2018

She has a lifetime of rights. Anything more than that, she apparently sold and is no longer hers to get back.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How can I get added to a land deed?

My Grandmother inherited some land many years ago. She gave the land to my father (never wanted his name on the deed) and now both of them have decided to pass it to me. I would like to be listed on the deed as a CoOwner.

Vincent Gallo
Vincent Gallo answered on Jul 3, 2018

If your father was never added to the deed and your grandmother did not give your father an interest in real estate. Therefore, only your grandmother can convey an interest in the real estate to you.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do I need a lawyer to deed my house that my mother left to us ,how do I deed to myself and can I just copy my mom's dee
Vincent Gallo
Vincent Gallo answered on Jun 3, 2018

You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.

1 Answer | Asked in Contracts, Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Is Verbal Agreement legal in North Carolina if the party passes away?

My grandmother owns property downtown, but passed away. She told me that after I finish school, she would give me the lease and do whatever I seem fit with it, but currently someone is leasing the property. She passed before she could put it in writing and one of her kids might want to take over... Read more »

Jake Andrew Snider
Jake Andrew Snider answered on May 31, 2018

Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real property... Read more »

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: if my name is on the deed as right of surviorship as well as my daugher and her name is on the note - can she sell it

can she sell it without my permission we are in NC

Jake Andrew Snider
Jake Andrew Snider answered on Apr 19, 2018

First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My name and daughter are on the deed to our property as right of surviorship in NC - can she force me to sell the proper
Vincent Gallo
Vincent Gallo answered on Apr 15, 2018

Either Co-Owner can force a sale of the property by means of bringing an Action in Partition.

Q: I live in Charlotte NC. I'm inquiring as to whether it's legal for my management company to charge me for renter's insur

I have renter's insurance bundled with my auto insurance policy. I informed the property company of this and they requested that I add them to the policy as a condition to removing the fee

Christian K. Lassen
Christian K. Lassen answered on Apr 2, 2018

It can be a term of the lease to have it

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for North Carolina on
Q: Land owners died with no will or children. Do I have a claim to the property since I've lived there for 20 years

Ex wife's aunt and uncle passed on with no will or children. They have custody papers for my ex as they raised her. But they never adopted her. After she left I continued to live on the property for nearly 2 years until they passed away. It's been 1 year since both passed and I still live on the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 26, 2018

Likely not - you need to talk to a local property law attorney ASAP.

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