Get free answers to your Real Estate Law legal questions from lawyers in your area.
From Jan 2020 to Feb6 2022 we consistently contacted the mortgage servicer to get help to save our home. We applied over and over for a forbearance, loan modification, deferment, asked for payment plans, you name it we tried it more than once and were denied everytime. We waited months for the... View More
answered on May 21, 2022
There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew... View More
answered on May 17, 2022
Short answer, yes. For the longer answer, the DoR has to complete a couple of steps to attach them, but once those steps have been completed, the liens attach. Consult a local attorney to see if the lien has been attached.
To go through probate or can I continue with the home loan through the bank?
answered on May 12, 2022
Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... View More
Her will says everything is to be divided amongst the heir according to certain percentages. The heirs have agreed to sell the cabin to me one of the heirs. Is it possible to have the property transferred to the heirs, then I buy it from the heirs? Paying them the percentage that they own based on... View More
answered on May 11, 2022
When your step-mother passed, this cabin went to the heirs automatically. I do not know FL estate laws, but in this case, NC laws govern the transfer of the cabin. A certified copy of the will and some other documents have to be filed in the county where the cabin is located, and from there, the... View More
answered on May 11, 2022
Depends on the ownership type, but highly likely that it would pass to your children. There are two types of ownership that the land could be under the most common are tenants in common and under that, your kids would inherit. The second is joint with the right of survivorship and in that, your... View More
Full asking price at over 90% tax value. Do I need all 6 heirs permission to accept? There was no will and there are no liens. Correction: administrator, not executor
answered on Apr 25, 2022
If there is no Probated Will then you are not the Executor. You are probably the Administrator and I would advise the purchaser to require the Deed to be executed by all Heirs (who actually own the real property).
His aunt is trying to do it but has not gotten the paperwork done yet
answered on Apr 20, 2022
If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.
We have issues with our new neighbors as their fence is between our properties and its in a very bad shape, their dogs constantly pushing the boards towards our yard and we're worried they will end up yet again in our yard as they already did before. No civilized communication is possible with... View More
answered on Apr 11, 2022
Without research into your local ordinances and codes, I can't answer whether or not a fence is required. But I would be surprised if it was. However, failure to keep the dogs on their property would likely be considered a trespass and could be punished under criminal or civil sanctions.
original family home relatives lived there didn’t pay mortgage, house went into foreclosure my dad bought it out of foreclosure and started paying the mortgage and lived there with his brother. My dads brother didn’t pay anything and now says house is his, everything was in my late fathers... View More
answered on Apr 7, 2022
Did your father leave a will or not? You need to go open an estate for your father if one has not already been opened. If the deed was only in your father's name, the house passes to whomever he left it to in his will, or if there was no will, it passes to his heirs. If there is no will and... View More
How can I get the vehicles off my property with out trying to take claim of them through becoming an administrator of his estate or possibly doing an mvr-317? Can I try to get an abandoned title since they have been on my property longer than 30 days? Can I just have them hauled off at worst? What... View More
answered on Apr 5, 2022
A bond for this small of an estate would be pretty small, additionally, if you are on good terms with your family they can waive the bond. This may be the best way to handle the matter as it will be quicker. Alternatively, you can apply for an abandoned title. Most scrapyards require you to show... View More
I never cause legal problems and I never missed a rent payment. he got mad because I told them they was rude and don't let people talk because they talk all over you. I never cursed at them because they are older. how can someone do this. he is allowing me to stay until the end of my... View More
answered on Mar 31, 2022
Without seeing your lease, I cannot say whether or not your landlord is allowed to terminate your lease. Retain an attorney to review the lease and advise you on your options.
answered on Mar 30, 2022
Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.
We purchased the home when we were engaged, but not yet married. I had bad credit at the time, so she bought the home in her name. Basically, we want the home to be treated as “marital property” with each of us equal co-owners entitled to half of the homes value.
Edit: We ARE married... View More
answered on Mar 28, 2022
Have a NC attorney draft a Deed from her to you and her as Tenants In Common. Not marital property without marriage.
Mom only one living. there are no wills. can she sign over land to her son
answered on Mar 21, 2022
It sounds like both your stepfather and stepfather's mother are deceased. If so, then the land is likely now owned solely by your mother, and she has the authority to convey the land as she sees fit.
Without reviewing the deed and seeing documentation regarding the status of all... View More
It is a yearly lease.
answered on Mar 8, 2022
Without reading your lease specifically I can not answer your question, it is not within the 30-day window but given that your lease actually expires there may be an exception in the lease.
A first & second was deeded in 2007. The loan was modified in 2008. Unknown to Mortgagee, second was not modified. The primary was sold many times in past fifthteen years. No collections or Credit Bureau etc on second. Now attempting to refinance. Current mortgage has no record of 2nd, but... View More
answered on Feb 22, 2022
The only way to clear the issue is to contact the original lienholder or the collection agency and see if they are willing to release the lien. If they are not, the closing attorney will have to attempt to get a title insurance company to insure over the issue.
Buyer chose to go through with the sell. Who is responsible for handling the new meter issue, the buyer or the seller?
answered on Feb 21, 2022
Without reviewing the contract I can not tell you who is responsible, take all the documents to a local attorney and have them give you their opinion on the matter.
The Mortgage company would not allow me to purchase the property under my LLC. But I want to keep expenses and income in the account attached to the LLC to keep things separate from personal income/expenses
answered on Feb 18, 2022
My advice is to make a lease from you to your LLC specifically allowing subleasing and then lease the property under your LLC. This keeps the layer of formality between you and your LLC to reduce your legal liability.
We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... View More
answered on Feb 15, 2022
Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.
I am selling a piece of land to a relative and would like to add a restriction to the deed before selling to prohibit mobile homes on the property. I have already received the offer to purchase contract from him. Does the deed restriction need to be in place before this contract is accepted, or can... View More
answered on Feb 14, 2022
Without seeing the contract in question I can't give you a solid answer but the actual restriction is put in the deed. But the contract may prevent you from adding the restriction.
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