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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: My fiance sold his inherited land . In the contract it states that the buyer is to have him fully paid within 60 days. T

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

Anthony M. Avery
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Anthony M. Avery
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.)

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Can my husband take my name off property we own together and put his sister on it without my agreement? we are married.

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?

Ben Corcoran
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Ben Corcoran
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.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: How is a house bought with inheritance money settled in divorce in NC?

We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... Read more »

Ben Corcoran
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Ben Corcoran
answered on Sep 14, 2022

I would need to review the deed to the house to give a definite answer.

However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: I purchased a hous with my parent and sister. All four of our names are on the Deed. My parents and sister and now dead.

None of them left a will. Can I have the Deed changed to just my name? I need to make repairs to the house and I would like to get a home equity loan. I paid off the house several years ago.

Ben Corcoran
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Ben Corcoran
answered on Sep 6, 2022

The ownership depends on the language located in the deed, the language in any wills, and the order in which your family members passed. Without all that information, a lawyer will not be able to give you specific answers to your questions.

1 Answer | Asked in Real Estate Law and Banking for North Carolina on
Q: I have a new house we are are in our second year. We have an escrow account but the bank did not pay our priemum

the insurance will not reinstate our insurance and the bank says they cant help. What recourse do we have?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 18, 2022

Assuming the Bank failed to pay Insurance from the escrow, suing for negligence, breach of contract, etc. is not a good option as foreclosure will result. You must find insurance immediately as foreclosure is imminent. A refinance might get that Bank out of your hair, but insurance and taxes must... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My sister entered into a contract to sell my land without my signature or knowledge. Is that contract legal?

The land is in my name, taxes are paid.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

Unless she has your Power of Attorney, she cannot sell your property. But are you sure you are the owner? A title search by a NC attorney might be needed, along with letters to interested parties. A complaint against the real estate agent might be in order.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want purchase 20 acres of land from my grandmother and her cousins who are heirs. How would that process work...

And do I need an attorney?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

You need a NC attorney to search the title and determine ownership. The 20 @ Tract must have a description, which may require a Survey. Then a Deed can be drafted with a proper derivation of title clause and a legal description. It must be executed by the owners to you, then recorded.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Can I live in an RV temporarily on my own farmland until I can build my home?

Over 10 acre property is designated farmland and holds cattle

Zoned RA

Ben Corcoran
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Ben Corcoran
answered on Aug 8, 2022

I would have to review your local County codes to give you accurate advice. My suggestion is to call the County offices and see if you can get confirmation that this is allowable.

1 Answer | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: What are the steps for filing for a partition sale of a house co-owned with an ex spouse?

I know I need to file a complaint first. What is involved in this step? What else is filed with the complaint and what are the subsequent steps to follow?

Ben Corcoran
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Ben Corcoran
answered on Aug 3, 2022

This is not a simple process and not one that I advise you to attempt on your own. My advice is to find a local attorney and let them handle the filing and subsequent sale of the property.

1 Answer | Asked in Legal Malpractice and Real Estate Law for North Carolina on
Q: Do I have legal recourse for a just discovered leak and damage inside walls, for a home I purchased 11.5 mos ago.

The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jul 28, 2022

Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: I need to break my commercial business lease agreement for a building, how do I do this I’m in Nc

Landlord is in Texas

Ben Corcoran
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Ben Corcoran
answered on Jul 20, 2022

The simplest method is contacting your landlord and asking them to release you.

If that doesn't work, contact a lawyer and have them review your lease and situation and see what options are available.

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Real Estate dispute: What recourse is there? one party gave a room for rent without informing the owner.

Party A, and B.

Party A lives on property, gave monetary value, during closing, to own 25% of the property. There is no writing in place. Their name is not recorded on the deed. Credit was not pulled. Verbal agreement was : to help pay half of the mortgage and other costs. Take care of... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jul 19, 2022

This situation is difficult to determine, and I would have to review all documents to give you a complete answer. However, legalistically, it sounds like you are the only property owner, which would make the other "owner" a tenant or guest on the property. Where it goes from there, I... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a contract to sell my house for cash. The company sent a termination letter today with no explanation. Help?

Can they do this with no explanation? We were set to close next Friday. We have refused to sign the termination agreement.

There is nothing in our contract stating anything about canceling the contract on either party.

Ben Corcoran
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Ben Corcoran
answered on Jul 19, 2022

Without reading your contract, no lawyer is going to be able to give you advice on what your options are. My guess is that they had a clause in the contract that allows them to do this, but I don't know.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do I find out the P.oA of an inmate? The inmate is detained in Anson Correctional
Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2022

The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is my NC filed and registered Power of Attorney valid in Maryland?
Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

It should be valid, however, you may need to take additional steps to use it in MD. Ask this on the MD boards rather than the NC board you will get a better answer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: NC registered mobile home has 2 -1st lien holders on title. 1 died. Will this add his 6 beneficiaries as additl 1st LH

My parents are one of the original 2 first lien holders . Can they release the title back to me or do my parents plus all of the deceased grandfathers beneficiaries which consist of 5 individuals & his church have to all complete the Affidavit of North Carolina Lienholder form MVR-46D in order... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

Without seeing your grandparents will and getting a full timeline together of when the events took place I can't answer your question with any specificity.

However, my thoughts are that you should probably try and get everyone to sign.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If you was given a home to stay in and they said they could never give you the land but I would never be put out

And I have put 15,000 into this home and now a year later my dad's cousin is telling me I have to end of year to be out like is there anything I can do

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

You can do several things; you can sue to have an injunction issued that would prevent you from being evicted. You would have to convince the judge that you were told this by one of the owners.

The second thing you can do is sue for unjust enrichment, basically saying that you have...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My ex had some land in N.C.he added me to the deed in 2008. In 2011 he did a gift of deed to himself, me and his sons.

I did not sign anything or notified. Am I entitled to a fourth of the land?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2022

You will need to hire a NC lawyer to search the Title, and determine ownership. Do not hire a title company. The 2011 Deed may have created in you a larger Estate than you had in 2008. But the 2011 Deed might be a nullity also.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Right of Way on Plat

We found out .2 acres of our lot was not ours. We bought from the owner for a small amount, plus legal fees. The sellers were the developer who sold to individual lots to a construction company. The construction company refused to buy the lot I am writing about. The county required the... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 13, 2022

What the County told you is correct, currently, even though there is no road on your lot, every owner in the subdivision has an interest in that .2 acres. You will need to have someone draw up a deed from all other owners and get them to sign to remove that right of way.

1 Answer | Asked in Real Estate Law and Municipal Law for North Carolina on
Q: During our appraisal it came to light that there will need to be a few repairs done to the house is the sellers liable?
Ben Corcoran
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Ben Corcoran
answered on Jun 8, 2022

No, the sellers do not have to fix anything, but you have the ability to renegotiate the contract anytime during the due diligence period.

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