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... Read 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... Read 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... Read more »
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?
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
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... Read 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... Read more »
I want to put it on paper and make it official but not exactly sure how to write it out
answered on Oct 17, 2022
How have you been given land? Will, Heir, Order of Court? Hire a competent SC attorney to search the Title, draft a Deed with a Derivation of Title Clause, and try to get it executed if it is an actual gift. Otherwise an Affidavit of Heirship might be recorded, with no Deed as ancestor is... Read more »
On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?
answered on Aug 22, 2022
You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... Read more »
My grandfather passed away and my grandmother needs a new deed with my grandfather removed to purchase new home insurance.
answered on Jul 31, 2022
Yes the NC attorney can draft a Deed. But I doubt Grandmother will be getting a new Deed, as survivorship probably determines Title here. You at least need an attorney to review the present Title if not search it.
Property was sold with out notification to heirs living on the property
answered on Jul 18, 2022
Consult with a competent SC attorney to exercise your Redemption Rights quickly if you still have them. Time is of the essence. It will take money, or forget it as someone should have paid those Taxes.
A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.
The wife is trying to sell the land in SC but this issue arose... Read more »
answered on May 16, 2022
Mr Harris is correct, and indeed, if there is no Michigan property to probate, you may be able to JUST file a SC probate action to deal with the property there despite the residency of the deceased.
Again, get that SC attorney opinion to verify what and how you should proceed. It would be... Read more »
A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.
The wife is trying to sell the land in SC but this issue arose... Read more »
answered on May 16, 2022
This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... Read more »
His grandfather is paying a mortgage on the house my partner inherited, and he is threatening to foreclose on the home. What rights does my partner have? Will we be forced into homelessness with no further say in the matter?
answered on May 2, 2022
Whoever owns the mortgage is the one the that can foreclose. If the notemaker buys the note, then he can foreclose. It sounds like he is threatening to quit paying the note. Being the executor probably has no relevancy here.
Had power of attorney and I'm assuming she is dealing with probate. She doesn't talk to me and isn't authoritative with the situation. The other sister lives in the house with 7 other adults she now has there. No power, no water. They have the carport covered completely and the yards... Read more »
answered on May 1, 2023
All tenants in common have the right to occupy their property, utilities or not. You may wish to hire an attorney to file for a Sale For Partition.
and will have to leave within next 30 day to sell the house. What are my rights? I am not working and have no where to go or means of funds.
answered on Apr 12, 2023
Hire an attorney to search the title and determine heirship. Who has been paying taxes? You might be an heir and tenant in common, or might have a defense to losing possession by payment of taxes. If an heir, record an Affidavit of Heirship.
the shed. She notified them and inivited them to pick it up. They didn't. Two months after I bought the home, they attempted to repossess shed. They destroyed my fence and yard. They claim they still own the shed. They are not currently willing to pay for damages. What are my legal options?
answered on Mar 2, 2023
Hire a SC attorney to sue for property tort damages. You will need a witness to establish the cost of repairs.
Developer is trying to purchase all land near us and continues to add more properties. Contract was supposed to close by 13Jan2023 or within 5 days or until all surveys completed. But every new property requires new surveys and delays our closing. So far we have missed 2 closings and I now wish to... Read more »
answered on Feb 20, 2023
It appears your contract is breached unless you agreed to it. You may want to sell to someone else. Consult with a SC attorney. Whatever you do litigation may occur, especially if there is earnest money involved.
The payment is coming from an international bank in Belize to my US account. Does the "initiation" of the wire transfer constitute payment on time, or am I allowed to access a late fee.
answered on Feb 8, 2023
Payment is money delivered to the seller. Do not sign the Deed until you have money in hand. Wire Transfers for real property are notorious for fraud. Hire an attorney to complete this conveyance.
We purchased the home not quite a year ago. Now he wants to split up after 8 years together. Both of our names are on the deed but the mortgage is in his name only. I want to stay in my house. I am not expecting him to pay the mortgage, I will pay it but the mortgage. He had the better credit so we... Read more »
answered on Feb 5, 2023
Were you husband and wife going through a divorce or just purchased the home together while single? I would need this information to properly respond.
How is base price figured on inherited land?
answered on Jan 23, 2023
TN does not have an income tax... If you live here, why are you worried about SC's income taxes? But heir will get a stepped up basis anywhere.
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