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My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do
answered on Jun 22, 2023
If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.
My sister and I would like to sell the property, but we aren’t sure how to get it in our name. My mother was married to our father when she deceased, but his name isn’t listed on the deed. (They were married for 16 years, then they divorced and she purchased property… then remarried 20 years... View More 
answered on Jun 22, 2023
Right now, based on your fact pattern, the house is owned by your father, your sister, and you. Even though there is no deed stating as much, that is still the case. You should be able to sell the property, but all three people and their spouses will have to sign the new deed.
I live in nc. Just got a letter from mortgage company saying something about a lein against the property and a foreclosure at the end of this month. Never received any certified documents or signature required mail. Is it possible to have the Lein voided if it was not lawfully filed? I haven’t... View More
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answered on Jun 9, 2023
A NC attorney needs to be hired now to search that Title. Even if the alleged lien is not perfected, it may still be something that you owe, or could be executed upon. Since Foreclosure is imminent, you have very little time. A suit to enjoin Foreclosure for a meritorious reason is expensive,... View More
I can seem to get any answers and CRIM saying that they can't locate property anywhere. What should I do? I am in US
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answered on Jun 7, 2023
Hire a competent NC attorney today to search the title for that street address, parcel number, and what you thought was the grantor's name. Contact your lawyer, in person if possible, and find out where that Deed went. Litigation may be required.
we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?
answered on Jun 7, 2023
While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.
Neighbor had paid a surveyor to locate property line after we installed a shop and he said it was on his property. After survey had proved we are not on his property. he planted bushes ( hedges) that are directly on the property line, these will grow and cross the line. What are my rights. and how... View More
answered on Jun 7, 2023
When the hedges grow and cross your line technically, it is a trespass.
That being said, I would advise you to tell your neighbor that as long as they maintain the hedges, you don't care, but if they fail to do so, you will cut all the portions of the hedge that trespass on your... View More
We live in Raleigh, NC and are considering building a permanent Hardscape staircase that will evenly straddle the property line between our home and our next door neighbor’s. We are concerned about potential issues regarding ownership of this structure in the event that one party sells their... View More
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answered on Jun 5, 2023
If the staircase will encroach on the adjoining owner, then hire a NC attorney to draft a Joint Permanent Use Easement to be agreed upon and recorded. Without that , do not build it or you will be sued, and your title will be clouded. But are you sure it will encroach? A survey might discover... View More
They are threatening to continue with lien process if not paid and offer no payment plan.
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answered on May 23, 2023
Unless your HOA rules so provide, the HOA is not obligated to offer a payment plan. How many months you are in arrears? (For example, is it 21 months at $100 per month, or 3 months at $700 per month, etc.)? I ask because if your payments are $100 per month, for the sake of argument, and you have... View More
answered on May 18, 2023
Without seeing the deed it is hard to know for sure, but he does not likely have any real claim to it.
Generally speaking, should you die before him, he can assert some claims under NC law and he would have to sign any deed should you sell the property. And in a divorce, his claims would... View More
answered on May 8, 2023
The best option for you could depend on several factors. For example: Do you still have a mortgage? Will the lender allow a title change? Under what circumstances? What are the lender's special requirements? You might want to speak with a knowledgeable attorney who can advise you of your... View More
I have video of the dogs when they come and poop in my yard.
I scoop the dog poop daily and toss it back into his yard.
answered on Apr 21, 2023
Collect the poop. Store it. Then deliver it all back to his front porch
This pertains to family land. The parents are deceased. The land is deeded to “heirs of” (the father). They had 10 children, 9 of whom are also deceased now. There is one remaining child of the original parents, and he would like to sell the land. Most of the other 9 children (his deceased... View More
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answered on Apr 19, 2023
Hire a NC attorney to search the Title and determine heirship. All actual present heirs are tenants in common and own it. An Affidavit of Heirship could be filed, or a detailed Derivation of Title Clause put in a Deed as to the grantor's source of title. If there is a mortgage, or taxes... View More
He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.
answered on Apr 14, 2023
Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... View More
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answered on Apr 10, 2023
It sounds like wife was an heir of real property, but no Deed or Affidavit of Heirship was ever recorded showing her title. Husband should hire a competent NC attorney to search title, determine heirship, and file an Affidavit of Heirship. Other tenants in common may not even know wife owned... View More
they are saying we committed a act of nuisance under chapter 19. they are wanting us to move my fiancee is to never return or live on the property and im allowed only 3 hours a day and cannot return for 10 years. they are tyring to say my dad cant rent his trailers for a year an then it has to go... View More
answered on Apr 1, 2023
Your issue could either be somewhat simple or somewhat complex, but it's difficult to tell from the information provided. For example, it isn't clear who owns "the property," what the "event" was, and why ALE was involved. To be able to help determine your potential... View More
We sold a vacation rental property in NC. Contract showed all reservations through 2023 would be honored. We provided the realty company a list all reservations 5 days before settlement. They failed to share these with the new owners until 5 weeks after settlement. New owner now refuses to honor a... View More
answered on Apr 1, 2023
The buyer may have the right to choose which reservations to honor, depending on various factors. For example: Did the seller provide rental dates before entering into the contract? Did the seller provide names, addresses, and a copy of the leases within 10 days of the transfer? Were the leases... View More
I will be the seller, beneficiary, and trustee. The buyer will be paying me for a period of no longer than 4 years. Does the deed stay in my name until the buyer pays off the promissory note, or do I sign the deed over to the buyer when we sign the Deed of Trust agreement?
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answered on Mar 28, 2023
You will be the grantor of the Deed to the grantee. Then the new owner gives you a Deed of Trust to secure the repayment of your Note under which you are the beneficiary. You cannot be the Trustee, as such a Trust is a three party transaction. I strongly recommend you hiring a NC attorney to... View More
My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... View More
answered on Mar 16, 2023
You can file a quitclaim deed which would transfer any interest you have to your sister. Your sister would not have to agree or even know about this deed. Contact any attorney in NC, and they can assist with this.
We have checked County tax rolls for addresses and do not know where else to look for a correct/current address, phone number or e-mail. What should we do and what options do we have if we are unable to contact them?
answered on Mar 14, 2023
Have you tried mailing a letter to them at the property address and if so, what does it say when the letter is returned? Traditional first class mail is the basic method for communications. The county tax office listing has the currently listed mailing address and you can look at the actual tax... View More
His parents passed away and he is the executor of the estate. The house is still in his parent’s name. He and his brother decided to sell and have a cash offer they want to accept.
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answered on Mar 14, 2023
There should be no need to refinance before selling. Assuming your husband has qualified as Executor and has been issued Letters, he should be able to pay off the current mortgage at the closing with the proceeds. His attorney will presumably contact that lender and request a payoff letter. If... View More
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