Get free answers to your Real Estate Law legal questions from lawyers in your area.
answered on Apr 2, 2023
In North Carolina, there are a few requirements established by law and the rest depends primarily on the contract.
Generally, the buyer has the right to back out unless the contract says otherwise. Typically, they will forfeit their due diligence money. They might also forfeit their... View More 
Contract signed Feb 10 closing was supposed to be March 10. Investor never showed gave no valid reason and doesn't look like he going to follow through. We already moved out incurring great expenses hiring movers and renting a house.
answered on Mar 12, 2023
You shouldn’t have moved without absolute certainty that there was first a firm closing date and that everyone would have been fully prepared to close on that date.
I am being sued. their lawyer wants to ask me questions. can I have them sent in advance
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023
You might make a written request, but there is no requirement that the other party comply or be limited to those questions.
answered on Feb 23, 2023
You need to initiate a "request for loss mitigation" by calling the mortgage company and requesting it. You will need to fill out an application and provide hardship information. You will be given a choice of solutions at the end of the application. Once of those is for a short sale and... View More
The Land Use Agreement was signed by the landowner and I built my house on that land.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023
No...
the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... View More
answered on Jan 31, 2023
I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... View More
If two landowners have a disagreement on a property line, and #1 is destroying a property line fence should #2 file a lawsuit against #1 or wait for #2 to file one first?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2023
The adjoining landowner should sue for a Boundary Line Dispute, Trespass, Damages, etc. quickly, as otherwise the one tearing down the fence will start claiming more land as his. After awhile, both owners acquiesce to a new boundary. Hire a NC real property litigator now.
Have tried several times to get neighbor to meet and agree on boundary. We cannot proceed with our home.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2022
You will probably have to sue the other adjoining landowner for a Boundary Line Dispute. It will be difficult and expensive. It does sound like you have an expert witness, and I hope he can persuade the Judge. Quiet Title, Ejectment and Trespass may be additional causes of actions. Hire a NC... View More
I co-owned a house and property with my older sister since 2013. She has kept all the rent money for 8yrs, then she has sold 50% of the property behind my back on April 21, 2021 to her friend and didn't tell me until 8 months later. Her friend is committing larceny as well. I recently found... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022
You probably need to hire an attorney to file an action for a Sale For Partition.
According to a recent will, I am a remainderman and my brother is a life tenant for a home in North Carolina. Am I responsible for paying the mortgage principal, homeowners insurance and for major repairs? What does my brother pay for? Do I have to reimburse my brother for improvements to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2022
Consult with a competent NC attorney. Remaindermen do not have to pay on the Note, Taxes or Insurance. But if not paid, the real property will be taken away from all grantees/devisees. Your Estate has not vested in possession yet, and you are not personally responsible for anything.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2022
An attorney in fact transferring his principal's land to himself is presumptively fraudulent. If the principal wants to sell it, then the attorney in fact should have the power to convey it. Usually an original POA should be recorded first in the County prior to the transfer.
The house is located just a few miles from the NC border.
I notice when logged into the Charlotte MLS, I have access to properties listed in SC, close to the state line, (probably due to the Metropolitan Statistical Area extending a few miles south of the border).
Is this access... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2022
Yes, not a problem.
No mortgage; 50/50 owners on title and deed. I’ve several letters and texts, stating she bought the house for my daughter (her grandchild) and me and we never have to worry about being homeless. She bought the house; repairs were shared; all furnishings, appliances, and fencing; bills and taxes I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2022
Since it does not appear any debt problems are present, you probably need to do nothing until you want to. Hire an attorney to search the Title to be sure about ownership. When necessary, file suit for a Partition with publication service on her.
North Carolina doesn't recognize transfer upon death instruments, so how can I claim the house left to me?
answered on Oct 3, 2022
When it comes to real property, the law that governs it is almost always the law of the state in which it lies. So in this scenario, you need to be talking to an IL lawyer and see what needs to be done.
My father is a cosigner and wants to be removed from my FHA loan. I was not employed at the time of purchase but am now. I checked my closing disclosure and it states that my loan is assumable. Do I need an attorney to do this? If possible, how do I get this process started?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2022
Unless the new lender allows it, the cosigner would still be liable if someone else assumed the Note. Check with various lenders for their policies. You might find one that allows his removal, but it is doubtful. Only a refinance will probably result.
I
answered on Oct 3, 2022
Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.
My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2022
The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... View More
Closed July 2021.
Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... View More
answered on Sep 29, 2022
Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... View More
The buyer had him sign some papers and the made a legal description of the land himself and had it recorded in the GIS. The property is now recorded under his name. He has not paid my fiance the balance and this recording of the land was done after the 60 days agreed apon. What does he need to do
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2022
Hire a NC attorney to sue for Breach of Contract. Then levy Execution upon the real property you just conveyed to him. Always hire an attorney to represent you in a real estate transaction (search title, draft deed, note, deed of trust, etc.)
we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?
answered on Sep 23, 2022
I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.
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.
