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... Read more »
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 »
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 »
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... Read more »
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... Read more »
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 »
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 »
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 »
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?
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 »
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... Read 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... Read more »
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... Read more »
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 »
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 »
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 »
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?
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.
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 »
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 »
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.
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.
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 »
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.
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?
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.
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 »
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 »
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 »
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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