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answered on Nov 9, 2023
Yes, a non-profit homeowners association (HOA) in South Carolina can typically hold a fundraiser that includes individuals outside of the HOA community.
It is important to ensure that the fundraiser complies with the HOA's governing documents, state laws, and any local ordinances.... View More 
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answered on Oct 24, 2023
The point at which you can receive the key for a property you've purchased can vary depending on the terms of the real estate transaction, the specific agreement you have with the seller, and any applicable local laws. Generally, key handover typically occurs at the closing of the real estate... View More
Went to probate then to bank said I may have to pay off.
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answered on Oct 18, 2023
In South Carolina, when a person passes away, their debts are typically paid from their estate, which includes their assets and property. If your late husband had a TD Fit Loan in his name only, it would typically be considered his individual debt, and the responsibility for paying it off would... View More
what is our recourse, to SUE, the lot was listed without any knowledge by us.... listed for 110,000
This is a big money private country club with deep pockets I have all the screen prints of the online listing with the broker details and the sales agent In addition, this listing occurred... View More
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answered on Sep 14, 2023
You will need a competent SC attorney that handles real property litigation, and there will be few that know what to do. Slander of Title, Trespass, along with a possible Ejectment action will be causes of actions. The title needs to be searched, and with the suit, a Notice Lis Pendens needs to... View More
He was not married and had no children. It is just me and my and my younger brother who lives in another state.
I am the Personal Representative. The younger brother has said he is fine with me getting everything. He will sign off to that as well. The house is paid for. I am taking care of... View More
answered on Aug 30, 2023
It depends on whether the probate court appointed you as an independent personal representative or a dependent personal representative. Your probate lawyer should explain these differences to you. Even if court approval is required, under the circumstances you describe it should be perfunctory.
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answered on Aug 7, 2023
In South Carolina, the specifics of whether a leaky roof in a newly purchased house is covered by warranty can depend on the terms of the warranty agreement and the state's laws. Generally, new home warranties cover certain defects for a specified period of time, but the exact coverage and... View More
I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my... View More
answered on Jun 12, 2023
In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.
If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially... View More
Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... View More
answered on Mar 14, 2023
Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... View More
My dad passed away 3 months ago- intestate- and is survived by my mother (his wife), my 2 brothers, and myself. His name is the only one listed as property owner for the family house & land. What do we need to do to keep the property in the family? And will it be put in just my mother’s name... View More
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answered on Feb 20, 2023
Hire a competent SC attorney to search the title, determine heirship, draft an Affidavit of Heirship, and draft a deed from various Heirs to the one Heir which they agree for him to own individually. If multiple Heirs will be tenants in common, someone has to pay taxes and insurance.
What happens with the partition during the redemption period of the delinquent tax sale?
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answered on Dec 6, 2022
Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.
The branches of a tree in our yard extend into a neighbor's yard space. The neighbor states that he would prefer not to pay a tree service himself to trim the branches.
answered on Dec 2, 2022
A South Carolina attorney could advise best, but your question remains open for three weeks. Until you consult with a local attorney for specific property law, the short answer nationwide is that one could be liable for damage their overhanging tree causes to a neighbor's property. Good luck
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answered on Nov 25, 2022
Hire a competent SC attorney to search the title and determine ownership. File suit to Set Aside the Fraudulent Conveyance or sue to Quiet Title to your interest. Ejectment probably will not work, as any Tenant In Common can convey their lawful interest. At worst, file suit for Partition against... View More
The house has already been auctioned through the the court and the money paid to the courts and lawyers...and the surplus.... after ALL of it was paid has been ordered by the judge to be disbursed to me and only me... But where do I go to collect? Who do I need to speficially contact?
answered on Nov 1, 2022
You need to contact the person who conducted the sale of the property. This person may be called a Master, Special Referee, or Judge. There is a form you will need to file to claim the proceeds. The person conducting the sale may have the form for you to sign or you may have to obtain the form... View More
The first year of being late HOA locked me out of my account and has not let me make any payments for previous or current years. They have charged me a daily fee of late fee, administration fees and my $600 bill is now $2600.00 2 years later. I can’t even pay my upcoming year because I am locked... View More
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answered on Nov 21, 2023
You might file a declaratory judgment action and also ask for a temporary injunction. You will need a SC attorney who can file suit fast.
Mother is alive and lives on property, wants to lease part of it to a nonprofit,can that be done?
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answered on Nov 1, 2023
Is the Mother the Trustee? If so, then yes. Trustee makes these decisions in accordance with the Trust terms.
answered on Oct 28, 2023
A South Carolina attorney could advise best, but your question remains open for five weeks. Some questions go unanswered; you could try posting under Real Estate for better chances of a response. But as a general legal matter in retaining emails in any setting, it could depend on the entity's... View More
that he can title the home in just his name.
Where do I stand legally?
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answered on Sep 25, 2023
Hire a SC attorney to search the title and determine ownership. Then notify the lender if you are an owner. A mortgage is possible but not worth much if not all owners encumber the real property.
How can I show this legally
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answered on Jul 12, 2023
Have your grandmother sign the gift deed in the presence of a notary public.
Notarization is typically required for the document to be legally valid.
The agreement wrote on paper was I pay off the loan she used the property as collateral for. I pay taxes etc. It was like a rent to own deal.
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answered on Jul 3, 2023
Hire a SC attorney to sue for breach of contract. Otherwise you will never get a Deed. And you could be foreclosed on or subject to a tax sale at any time.
We made sure we met all qualifications.
answered on Jun 29, 2023
So long as you were not denied for an illegal reason, it would not appear that you would have any recourse. For example, if the person renting the home selected a more highly qualified applicant, or maybe another applicant offered to pay the full rent up front, or some other arrangement.
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