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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hello. My mother passed away last year. She has a mortgage and I’m the executor. I want to keep the house. What do I do?

My name is Keshia.

Ben Corcoran
Ben Corcoran answered on Jan 27, 2022

Talk to the bank normally mortgages are not assignable and you will have to enter into a new mortgage with the bank.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can I prepare the quick claim deed? Can all parties sign one document? Does a notary have to be present during signing?

I was designated as the executor of my grandmother's will. In her will she left her home to her surviving children (my mother, aunt and two uncles) who wishes to quick claim deed the house to me.

Ben Corcoran
Ben Corcoran answered on Jan 27, 2022

I would advise having an attorney draw up the deed just to make sure everything is done properly but yes you can draw up the deed and it should be signed in front of a notary. All spouses will have to sign as well.

1 Answer | Asked in Banking and Real Estate Law for North Carolina on
Q: I want to sell my house to my son for the cost of the current mortgage. He will live here and remodel.

What is the least expensive loan option for him? Can he get a loan to pay off the current mortgage that includes a construction loan?

Ben Corcoran
Ben Corcoran answered on Jan 25, 2022

Talk to the bank; this is not a legal matter. It is strictly a financial decision by the bank.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What are steps taken to secure will property in your name?

My mother left 63 acres to my sister and I but failed to divide it. What steps do i take to secure my share of acres in my name and how do I request the acres I prefer. Do I need a attorney to represent me in this matter?

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a NC attorney to search the title and determine ownership. It may be easy to draft two legal descriptions, but you will probably need to survey it for two tracts. Then each heir conveys the applicable tract to the other, in two Deeds.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I own a house on family land that the family can't agree what to do with.

Me and my wife bought a house on her family's land. Recently their grandmother has died without a will leaving it to about 5 different hires. due to their financial issues no one wants to pay the mortgage left on the property. Just wondering what I can do legally or will we just lose our... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a competent NC attorney to determine heirship, and if there is sufficient equity, file an Action for a Sale For Partition. Act now.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: The company that built the house has sold to another builder. We had some water damage who is responsible for repairs
Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

Generally speaking, when a company is bought, the buyer assumes all debts and liabilities of the selling company. I would advise contacting the new company and seeing if they will honor the warranty; if not, you should contact your homeowners insurance and they will hire an attorney on your behalf.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Bought a home 3 years ago, real estate agent got me an inspector, no structural issues were found at time of inspection

Hired a contractor and he advised me there is a structural issue. The previous owner removed 3/4 structural poles from basement to make it one large room and never reinforced the structure. I have been ripped off from a previous contractor and I don't have the funds to repair the structure,... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

I cannot advise you on what your insurance may cover, and you will have to call them and ask that question. However, it sounds like you have a valid lawsuit against the home inspector. I advise contacting a local lawyer and have them give you a complete assessment of your situation. Be aware that... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out.

husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out. we lease the land so it's not real estate because it's a camper with an addition built on to it (house) and a golf cart/storage building. It's worth $170,000.... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 4, 2022

I suggest that you post this in the SC section of the site, right now you are in the NC section and most lawyers cannot legally give advice outside of their state.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’m in need of a lawyer that handles family estates, but I’m unsure of what type of lawyer I would need please advise?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in NC and I owned my house before I was married. Can I sell it without her permission?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

If you are currently married, unless you signed a free trader agreement or some other form of prenup, no you cannot sell the property without your spouse joining the sale.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: In 2017 owner financing documents were drawn up for of property. Both Grantors passed away. Now what happens?

In 2010 my husband moved here with his girlfriend and they signed a hand written owner financing agreement with her parents. They married in 2013. She passed in 2015 and he adopted her girls which wasn't finalized until 2016. In 2017 they drew up legal documents on the purchase and owner... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 29, 2021

Without seeing the recorded documents, I couldn't give any opinion as to what could happen. But I suspect that they cannot void the contract, and your husband can refinance. My advice is to have a local real estate attorney look at the documents and give you a formal opinion.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: 2 brothers own a house together one once to sell will it be split down the middle
Anthony M. Avery
Anthony M. Avery answered on Nov 10, 2021

Probably not as the Court appointed Salesman and his expenses, as well as lawyers, surveyors, Court Costs, etc. all get paid first prior to distribution after a Court Ordered Sale For Partition.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If the buyer’s agent didn’t turn in amendment changing purchase price and the seller received more at closing, who owes

Each party received a HUD prior to closing. Buyer’s agent never submitted amendment to attorney changing the purchase price. The amendment was signed by seller and buyer. The seller received more proceeds at closing than they should have. Who would owe the buyer?

Ben Corcoran
Ben Corcoran answered on Nov 4, 2021

If the Buyer's agent was responsible for turning in the amendment then my first response would be them, with a secondary responsibility to the seller. However, I can see several scenarios where the buyer and seller signed documents that assented to the unamended contract again.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If 2 houses are one one lot and someone is buying both houses should there be 1 offer to purchase contract?

Buyer wants to treat the houses separately but I don't think that is possible without subdividing the lots.

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

You are correct you must subdivide if they insist on buying them separately.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have one lot with two houses, buyer gave me an offer to purchase on each house, it is not subdivided, should it be 1?

What are the ramifications of selling each house separately on the same lot? I do not plan to subdivide the lots.

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

You do not sell houses you sell the land that they are affixed to, so in this case, you would be selling one tract that has two houses on it.

Ask for them to give you an offer for both houses and they can subdivide if they so choose.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My Sister and I inherited a farm. She has aquired medical bills due to cancer. If she passes can they take her part?

Can she put it in her Sons name, or sell it to him for $10.00?

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

Depends on how the land is currently owned, without seeing the current deed or will that left it to you I couldn't answer whether or not the estate could force a sale.

As to the part about her gifting it to her son or selling it for far below market value, once again I would have to...
Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I need know what options a house that is jointly owned with an ex-fiance now. Neither of us can buy each out

been separated for 2 years now, she continued in the house, moved in a guy and now is married. Neither one of us has established great credit and she no longer works. She is getting behind on payments and its dragging my credit down

Ben Corcoran
Ben Corcoran answered on Oct 28, 2021

You can file for a partition sale, speak to a local attorney about doing that and bring them as much documentation as possible.

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2 Answers | Asked in Real Estate Law for North Carolina on
Q: My Ex owes me 25% of property value. It has been over 7 years and he has not sold it. How can I get my money?

My Ex and I split up and put 24 acres in his name. The Lawyer wrote a promissory note stating that he would pay me 25% of the proceeds when sold. At the time we already had an offer on the land. He found that the IRS put a lean on land once it went in his name and he decided not to sell it.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2021

If there is sufficient equity, hire an attorney to file an action for a Sale For Partition.

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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do we get my brother in law to move out of our house? He never signed a lease. He's been with us 5 years.

He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.

Ben Corcoran
Ben Corcoran answered on Oct 18, 2021

You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.

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