Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Carolina on
Q: Mortgage owner left wants to give selling rights to my mother she needs help reviewing and setting up POA, who can help?

My mother was dating a man who took out a mortgage for the home they live in. He left the home due to a dispute, wants to do what is best for her and is asking her to sell home through a lawyer, she is in need of someone to settle this situation civilly with his lawyer, help her review and... View More

Liscah Isaboke
Liscah Isaboke
answered on Sep 5, 2024

Your mother should consult a real estate attorney to help navigate this situation since she’s not on the mortgage. The attorney can review the mortgage and title documents, ensure any agreement with her former partner is legally binding, and negotiate terms with his lawyer. A Power of Attorney... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Quite claim to/from deceased parent before they took a reverse mortgage loan. Am I responsible for any debt?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

Not sure of your facts. But if the home was deeded to you prior to the reverse mortgage, then you supposedly own it and parents had no interest to sell later which is what a reverse mortgage is. If you did not sign the note, then you personally owe nothing. But if you do not own it, and the... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for South Carolina on
Q: In the state of South Carolina, is the grantor signature needed in order for the grantee to become owner?

My uncle is the grantee of property that my father owned in SC. My uncle recieved the property through a tax sale and it was never redeemed. My brother and I were not aware of this. We received legal documents recently for both of our signatures to remove our interests or rights to the property.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

If the grantor does not sign, there is no transfer of title. Hire a SC attorney to search the title and advise what to do. If your Father lost the property in a Tax Sale, then he did not convey anything. Apparently the owner wishes to clear up the title cloud of the redemption that you might... View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for South Carolina on
Q: What can I do about an ex husband who refuses to refinance the house we shared and remove my name?

We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Based on the situation described, here are some potential options and considerations:

1. Review the divorce agreement: Check the terms of your divorce decree or settlement agreement. If it specifies a timeline for refinancing or removing your name from the mortgage, your ex-husband may be...
View More

View More Answers

2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024

I understand that you're in a difficult situation regarding the land and mobile home. It seems there are a few legal issues at play here that would be best addressed by consulting with a qualified attorney who specializes in real estate law. They can review the specific details of your case... View More

View More Answers

2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024

Apparently you never got a deed, so the property is not yours as you only had a lease with option to purchase. You might have a claim for breach of contract if you paid in full the contract. If not, then you might sue the heirs to complete the contract. But it is doubtful. Hire a SC... View More

View More Answers

1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for South Carolina on
Q: What legal action can we take?

My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for South Carolina on
Q: A tax levy against a mobile home on my property has transferred ownership. The new owner has been renting home during

I want to know how to pursue and regain ownership of the mobile home

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: I had a timeshare. I recently hired a layer and got out of it. Now my credit is ruined. Anything I can do?

I didn’t find out about my ruined credit until the lawyer had closed my case and I went for a home equity loan. The late payments only show when they are doing a credit check for real estate. I bought a new car with no problem. Now I can’t fix my house and sell it to move closer to family. I... View More

Matthew McKenna
Matthew McKenna
answered on Mar 15, 2024

There's a possibility that this timeshare company was only reporting to 1 or 2 of the credit bureaus and the auto loan company only pulled credit reports from 1 or 2 of the credit bureaus (or have different guidelines for approving a loan such as using the "middle score") but when... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a non-profit HOA in South Carolina have a fundraiser that involves people outside the HOA community?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Real Estate Law for South Carolina on
Q: At what point can I get my key for a purchased property
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for South Carolina on
Q: Hi,my husband had taken out td fit loan almost 2 yrs. ago unfortunately he passed in Dec.72022. His name only am I respo

Went to probate then to bank said I may have to pay off.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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.
PREMIUM
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

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn 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.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.