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The plat filed in 1970 shows the commons. Developer folded and sold the commons in 1984 with no restrictions on deed. We are buying that land. Seller is providing quit claim deed because of recreation easement concerns by title insurance company.
answered on Sep 4, 2017
This question is too specific for someone who is not your attorney to answer, without raising a host of ethical and liability concerns.
You're making a massive investment in buying property. Hire a professional to review the situation before purchasing this property.
answered on Sep 4, 2017
I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example:... View More 
answered on Aug 29, 2017
It would be a good idea. I know of an instance in which some people tried to use documents downloaded from a legal self-help website in order to sell a house and take back a mortgage. The problem was that they downloaded an appropriate promissory note but didn't download a mortgage. So they... View More
I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?
answered on Aug 25, 2017
Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.
I've handled all of her business and other financial issues during the past several years in this capacity as her health continued to decline.She passed prior to the closing date on this matter. Under these circumstances am I still allowed to complete this closing? Thank you.
answered on Aug 23, 2017
Powers of attorney are not valid once a person is deceased. At that point, the estate administration handles the person's assets. You will need to consult with an attorney that handles probate/estates for assistance.
answered on Aug 21, 2017
All negotiations that occur prior to the written contract are considered to be reduced to the written contract. Thus, since the written contract occurred after the emails, the written contract will likely govern. There is a possibility that a mutual mistake occurred and then the contract term could... View More
answered on Aug 16, 2017
You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.
tenants with rights of survivorship. We put his part into our estate and now the others are upset. In addition, years ago I was forced by my in-laws to sign a Memorandum of Understanding saying I would have no say in the beach house. Were we wrong to put his part into our trust? Our estate attorney... View More
answered on Aug 12, 2017
We both know why the rest of the family is upset...
Contact your attorney that advised this approach.
Justia's Q&A is not intended as a vehicle to request free legal research or provide legal advice.
answered on Aug 10, 2017
There are a few modes of terminating restrictive covenants in North Carolina. Provisions are often drafted whereby they will expire by their own terms after some number of years (usually 3-4 decades). Also, provisions can be drafted whereby there is some mechanism for terminating the... View More
I will be traveling to overseas, and would not be here for the House Sale Closing
answered on Aug 10, 2017
Yes, you could hire a lawyer to represent you for the sale of a home. An alternative and probably a less expensive option is to have a lawyer draft a power of attorney document, appointing someone as your limited attorney-in-fact for the purpose of selling specific property. Then a friend or... View More
Like if I'm behind on rent and I didn't resign my lease what can the new landlord do
answered on Aug 10, 2017
If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not... View More
I signed a contract with a developer and invested in a deal to finish a house. The contract states that if I am not paid, I can seize the house and/or seize assets to get my investment money + principal + fees. I would like to start this process. Can someone help me?
answered on Aug 10, 2017
Yes, use the Justia Find a Lawyer tool to locate a North Carolina attorney with real estate and construction litigation experience.
She put $10,000 down I put 32,000 is there any other legal anything legally she can do to force me to sell the property I'm thinking of buying her out and making an offer so I can have clear title
answered on Aug 9, 2017
She can most certainly force the sale of the property if you failed to cooperate with her and come to an agreement.
I do not have an attorney. I have filed my answer to a civil summons, regarding a property deed transfer.
answered on Jul 26, 2017
You can object, but the grounds for opposing a discovery deposition are limited. The judge will almost certainly allow it to proceed. Honestly, a decent lawyer could win the case in the deposition. You might not even know what you've said wrong until you receive a motion for summary... View More
entirety WROS. Son never probated will, and retitled property in son and wife name and obtained a mortgage for $100,00.00, which was used to pay off line of credit on house. which we feel son made mom incur. Children want to know our rights against son, lawyer, title company, mortgage... View More
answered on Jul 25, 2017
You don't say where the property is located, but 'tenants by the entirety' is a form of ownership limited to married couples ... I believe EVERYWHERE that has such a form available.
SOMETHING is wrong here. BUT that said, property deeded during life does NOT go through... View More
The house is in my mother and step father's name. He died at the end of May. The house automatically goes to my mother. She wants to make sure that I get the house when she dies. We do not know how to go about doing this.
answered on Jul 24, 2017
Assuming your mother and step-father owned the real estate as tenants by the entirety, your mother could convey to you a 100% remainder interest in the real estate and retain unto herself a 100% life estate interest. That would accomplish what you posed in your question.
Title is in my name. Probate has been closed for 3 years now. The Executor still gets all the Bank's correspondence addressed to 'The Estate Of...@
So, at closing what will happen? Money wise? Is there anything I need to do?
Thanks!
answered on Jul 19, 2017
It 'smells like' there may have been a due on sale clause that would have been triggered by a transfer, and the bank either wasn't informed or 'didn't understand' that the estate is no longer the owner of the property. This is FAR too complex a matter to provide any... View More
Can their portion of the proceeds be held in trust until their parent's estate is settled? This property is located in North Carolina.
answered on Jul 18, 2017
No, you can't. You will have trouble getting to a closing without proper North Carolina letters of administration from a probate court, and a qualified real estate sales agent should be smart enough to refuse to take your listing and refer you to a lawyer. You need to open a probate in the... View More
They have lived together for two years. The house is solely deeded to my mother.
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answered on Jul 10, 2017
No.
The earnest $ put down was 1% and subject to getting a mortgage. Our realtor has indicated that in NC any buyer can walk away from any agreement up to settlement and get their earnest money returned. Is this accurate?
answered on Jun 30, 2017
The language in your contract will determine that. For your sake, hopefully you didn't sign a contract that contains such foolish language.
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