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South Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for South Carolina on
Q: Live in South Carolina, our property (lot) was illegally listed by our old neighborhood on Zillow, MLS with Broker

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

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My brother passed away 11/5/2022. He did not have a Will.

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

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: If you are buying a house and the roof has a leak in just 2 months is it covered by warranty
T. Augustus Claus
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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

1 Answer | Asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina on
Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

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

Seth Meyerson
Seth Meyerson
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...
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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Probate for South Carolina on
Q: What Federal law allows an Executor of Estate as the only Trustee the court right to sell inherited [mortgage]?

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

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1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: How does my mother get my deceased father’s property in her name if he didn’t have a will?

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

Anthony M. Avery
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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.

1 Answer | Asked in Family Law, Real Estate Law, Tax Law and Probate for South Carolina on
Q: Ex and I are JTROS on our paid for home. Partition default judgement months ago, but delinquent tax sale does what to us

What happens with the partition during the redemption period of the delinquent tax sale?

Anthony M. Avery
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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.

1 Answer | Asked in Personal Injury and Real Estate Law for South Carolina on
Q: Our tree drops branches on a neighbor's yard. Can he sue us to pay to trim branches over his yard, or for damages?

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.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My brother and me owned house and land together.he sold it without my knowledge and kept money from sale.what do I do?
Anthony M. Avery
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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

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: In SC, who handles the disbursement of surplus funds from a foreclosure auction?

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?

D. Nathan Davis
D. Nathan Davis
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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for South Carolina on
Q: I have been given a piece of property with a home on it but I haven't got the title or deed etc

I want to put it on paper and make it official but not exactly sure how to write it out

Anthony M. Avery
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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... View More

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: On a deed there's a notation saying that 2 other people didn't sign the deed but are listed as heirs. Explain please.

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?

Anthony M. Avery
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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... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: In South Carolina, can I use a North Carolina attorney to prepare/write a real estate deed?

My grandfather passed away and my grandmother needs a new deed with my grandfather removed to purchase new home insurance.

Anthony M. Avery
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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.

1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Tax Law for South Carolina on
Q: Is it possible to reverse a sale of a delinquent tax sale of a dead person's property(unnotified heirs)

Property was sold with out notification to heirs living on the property

Anthony M. Avery
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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.

2 Answers | Asked in Real Estate Law for South Carolina on
Q: Man dies in MI. owns land worth $4,000 in SC does land auto go to spouse or has to file probate. His estate under $20k

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... View More

Trent Harris
Trent Harris
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... View More

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2 Answers | Asked in Real Estate Law for South Carolina on
Q: Man dies in MI. owns land worth $4,000 in SC does land auto go to spouse or has to file probate. His estate under $20k

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... View More

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: My partner is an executor of his father’s estate, which has a mortgage being paid by grandparents.

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?

Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I co-own a property with another person. He is about to get a mortgage and build a home on the property, and he thinks

that he can title the home in just his name.

Where do I stand legally?

Anthony M. Avery
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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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: I want to gift my grandmother that has dementia a shed that is already on her property. South carolina

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.

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: How to get deed from property I bought from individual. Paid it off she wouldn't sign over.i got agreement we wrote down

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.

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