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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: If the HOA has placed fines and penalties for $2100 and offer no payment plan is it in my best interest to get an atty?

They are threatening to continue with lien process if not paid and offer no payment plan.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Land deed is to “heirs of” (the father). They had 10 children, only 1 still alive, but all have grandkids. Who can sell?

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... Read more »

Anthony M. Avery
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Anthony M. Avery
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... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for North Carolina on
Q: Do I have to use the surplus funds check from my deceased dad's house to pay any debts?

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.

Lynn Ellen Coleman
Lynn Ellen Coleman
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... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: If someone dies before putting property inherited in their name what can her husband do to obtain property
Ben Corcoran
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Ben Corcoran
answered on Apr 11, 2023

In NC as long as the first will or estate was properly probated, the property passed to the now-deceased individual. If the second will or intestacy proceeding names the husband as the sole beneficiary of the property, it is now in his name.

Without reviewing both estates and the original...
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2 Answers | Asked in Real Estate Law for North Carolina on
Q: If someone dies before putting property inherited in their name what can her husband do to obtain property
Anthony M. Avery
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Anthony M. Avery
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... Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Sold vacation rental property and new owners don't want to honor all reservations

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... Read more »

N'kia (NLN)
N'kia (NLN)
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... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: In North Carolina, who owns the deed in a Deed of Trust real estate sale that includes a promissory note?

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?

Anthony M. Avery
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Anthony M. Avery
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... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: Hello, I am on the Board of an HOA in North Carolina. We have several owners who we cannot locate. What do you recommend

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?

Lynn Ellen Coleman
Lynn Ellen Coleman
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... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Would my husband have to refinance his parents home in order to sell if he’s the executor?

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.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »

3 Answers | Asked in Contracts and Real Estate Law for North Carolina on
Q: Contract for home sale signed, buyer backed out never showed up for closing. Is there no Legal recourse for backing out
N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: Hi I need to know if a short sale or give house back to keep from foreclosure do I need a lawyer or realtor
Lynn Ellen Coleman
Lynn Ellen Coleman
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... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Brother and I own home titled joint tenants with rights of survivorship through inheritance. As I did not want to sell

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... Read more »

Ben Corcoran
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Ben Corcoran
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,... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hypothetically, two people have a disagreement on a property line.

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?

Anthony M. Avery
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Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Cannot get neighbor to agree on a line agreement after her surveyor and ours want sign papers. What can we do?

Have tried several times to get neighbor to meet and agree on boundary. We cannot proceed with our home.

Anthony M. Avery
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Anthony M. Avery
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... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What are the financial obligations of the remainderman in a life estate in North Carolina?

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... Read more »

Anthony M. Avery
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Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hi...Im in NC. I have P.O.A over some land and I want to know how I transfer to my name and can it be sold?
Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: NC: Coowner left and has given no forwarding information. Now what?

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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Loan assumption

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?

Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can Real Estate be transferred to the estate even if not specifically called for in the will?

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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

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... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
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... Read more »

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