Get free answers to your Real Estate Law legal questions from lawyers in your area.
closure process. The deed says that the trustee will get a 5% commission on the proceeds of a foreclosure sale. What will he be entitled to if I do get the deed in lieu of?
answered on May 3, 2024
By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.
No foreclosure proceedings will commence, so the trustee will not be compensated.
Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More 
answered on Apr 17, 2024
I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.
The living seller had the title notarized that he had a copy of her death certificate. DMV said I needed to have her sign the title. She died in 2007.
answered on Apr 11, 2024
You will need proof that the deceased seller left their interest in the mobile home to the living seller. Such proof might come in the form of a right of survivorship, or a probated will, or a declaration of heirship, etc.
The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024
You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the
Court until he claims it, and withdraws it by Order of the Court.
We have contracts in place and she hasn’t done anything to the project for over a year. I’ve requested my money back but she keeps avoiding me telling me she’s busy and she’ll get to it later on. Am I able to sue her for my money back plus the potential loss of revenue and my time being... View More
answered on Apr 1, 2024
I would have to review the contracts to advise you on your options, but I suspect that you have a case to force her to do something. Please get in touch with an attorney and have them review your contract.
Typically, you cannot get reimbursed for "sweat equity," but you should have other options.
Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024
You have not stated the exact granting and habendum clauses, and have not searched the title. But assuming only what you stated, the Daughter's issue take her issue as tenants in common with the Mother. Have a NC check the title to determine ownership and encumbrances.
He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024
Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.
Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More
answered on Feb 12, 2024
I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.
The last time the trust was to my sister but I had so I had rights to survivorship when she passed does her lifetime trust still stand
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Your question makes no sense.. You will need to either resubmit it or consult with a NC attorney. A title search will be in order.
North Carolina Planned Community. Final plat is recorded with tennis courts (currently not built). There was a quitclaim transfer and assignment of Declarant rights (to several limited liability companies, around 7). Are new Declarants responsible/liable to build amenities recorded on initial... View More
answered on Jan 10, 2024
Based solely on the plat, it is unlikely, but there may be other contracts that the business signed that would require it.
Entitled to any of the land
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
The Father's heirs will still take unless there is a probated Will. Father's heirs will include all issue as tenants in common.
The widow or kids name are not mentioned in the deed by name. The widow has been living in the house on the property since sister passed. The deed doesn’t say a life estate was left to widow. There was no will either.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
Obviously the deceased Sister's heirs at law will take as tenants in common.. Hire a competent NC attorney to determine heirship and possibly file an Affidavit of Heirship.
City is selling property, I'm buying. What are the limits on what I can ask for?
answered on Dec 22, 2023
You can ask for anything but will all but certainly get nothing.
My wife and I divorced 8 years ago and my name is still on the house mortgage that her and her husband of 5 years lives in. I gave her the house and have not lived there for 10 years.
answered on Oct 30, 2023
Your divorce proceedings should have included an agreement for her to refinance the property, but they may not have. If they didn't you can request the bank remove you but they will likely refuse to do so.
A property owner owns a house in severalty prior to marriage. After marriage, the owner's new spouse moves into the house and pays half of the mortgage payment monthly. The ownership structure is now what?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2023
Paying a secured debt does not gain title of the collateral. Hire a NC attorney to search the title and determine ownership.
I wanted to know if a single person owns their own home and a year or two later, they meet someone and get married. Are they considered tenants in common or tenants by the entirety?
answered on Oct 23, 2023
The person who owned the home prior to the marriage still is the sole owner, however, the spouse gains the right to claim a life estate on the house should the owner die.
Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.
answered on Oct 19, 2023
All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.
I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become... View More
our primary residence siting "mailboxes are a significant cost to the HOA" Now I cant receive my mail. Is this legal?
answered on Oct 5, 2023
Unfortunately it is not possible to answer this question in an online forum like this with certainty. An attorney would have to review the covenants and rules of your HOA, which you agreed to be bound by when you purchased the home. We cannot review documents through an online forum. My general... View More
answered on Oct 2, 2023
You can request that the bank remove the spouse but it will probably not happen until after the ownership is transferred into your name.
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023
You will need to post this under Florida real estate law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
