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North Carolina Real Estate Law Questions & Answers

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 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 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 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 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 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 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 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 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 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 answered on Mar 26, 2018

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

1 Answer | Asked in Real Estate Law for North Carolina on

Q: Can someone who owns property in NC with you force you to buy them out if they want to sell and you don't?Thank you

I own one-third of property with brother owning one-third. Final third is owned by 7 of our mother's grandchildren.

Andy Wayne Williamson answered on Mar 20, 2018

You need to repost this question under the North Carolina tab.

In Florida the answer is yes. It is called partition. Partition is not a forced buyout but it results in the parties no longer being joint owners.

1 Answer | Asked in Real Estate Law for North Carolina on

Q: How long does a seller of a home have to move out after home is sold

Vincent Gallo answered on Mar 11, 2018

The contract language should contain that answer.

1 Answer | Asked in Real Estate Law for North Carolina on

Q: Home builder wants to give us 100k to pay off our current home to be able to purchase his new home.

We are interested in a new home, but need to sell our current home 1st. Builder offered us 100k to pay off our home(we owe 83k) so that we can get the loan to buy the house he’s building. We would still have to sell our current home within 1 year, and give him 100k plus 3900 when ours sells, or... Read more »

Will Blackton answered on Mar 6, 2018

It's possible that this is not a scam; ensure you have your own attorney review all of the documents associated with the transaction.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on

Q: My fathers will had a property going to his wife as a life estate until she passes and then going to his children after.

Her name is on the deed under my father's for the condo. He purchased the condo directly from his retirement account so he did pay for it himself. She is under the impression that it's hers now and she wants to sell it and leave us with nothing from the condo.

Amanda Bowden Houser answered on Mar 1, 2018

If the will established a proper life estate - she should not be able to sell. You may need to talk to an attorney to protect your interests.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on

Q: Who owns the timeshare that I purchased with my ex-wife prior to our divorce?

The deed was never changed to give ownership to either party prior to the divorce. The mortgage on the unit has been satisfied. Who is responsible for accrued maintenance fees?

Michael Hales answered on Feb 21, 2018

As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the alternative, I've... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on

Q: 6 years ago, my sister in law kindly OFFERED and agreed to finance a home for me in her name. I had enough money to buy

but because my credentials were not good enough to get the loan, she wanted to help me out. So I gave her ALL FEES and paid the full mortgage on time religously, with the agreement that once I got my credit score up and stabilized my job I would take possession of the house by either assuming the... Read more »

Amanda Bowden Houser answered on Feb 14, 2018

Who is on the mortgage is irrelevant, if she is on the deed and you are not and there is no formal written agreement in place - it is likely her house not your house. You need to consult with a local attorney but there is likely not much you can do. This is a prime example of why this type of... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on

Q: How can I stop the sell of Property that was supposed to signed over to me. Not sure if INC. or persons name

There was an agreement between one owner (president of Inc.) to sign property over after I sold property and gave them funds from sell to invest in the Inc.

Will Blackton answered on Feb 9, 2018

North Carolina General Statute § 22-2. Contract for sale of land; leases.

All contracts to sell or convey any lands, ... or any interest in or concerning them, ... shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on

Q: Question about owner financing

I currently owe 150k on my house. I have an interested buyer at 500k. At closing the buyer will put down 150k to pay off existing mortgage and I will carry the loan of 350k@4% for 30 years. My question is if for some reason the buyer at some point gets a second mortgage/equity loan from a separate... Read more »

Will Blackton answered on Feb 9, 2018

The answers to those questions will depend on what's in the written agreement between you and the interested buyer.

Contact an attorney directly to assist drafting or reviewing any lending agreement that exchanges $350,000.00 of value. You have valid concerns which should be addressed in...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on

Q: I own some land and I have a promising buyer. Can I have money fronted from that buyer now and reduce the total price?

I own some land. I know someone that has promised to buy it. Is there any type of document that could be drawn up that allows me an advance of the price the buyer has promised before time of sale so that at time of sale the amount would be less en bloc. E.g. promised 30,000. I ask to have 5,000... Read more »

Will Blackton answered on Feb 5, 2018

Probably. Have you already entered into a written sales contract? You state that the potential buyer "promised to buy it." In North Carolina, all contracts or agreements to sell or convey land must be in writing to be enforceable.

There are a few ways to accomplish your goal and...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on

Q: How can we get our down payment back on an owner finance purchase. We decided to back out after the inspection/appraisa

We were scheduled to close on the home on Jan. 26th but was advised my a realtor friend to get an inspection and appraisal before we sign the contract.

Will Blackton answered on Feb 5, 2018

What does the sales contract say?

By down payment, do you mean due diligence fee or earnest money or both?

Is the money being held in escrow or by the owner?

Contact a NC attorney with the answers to these questions ready to find out the answer to your question.

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