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I moved into a newly built home in an already established neighborhood, only to discover several months later that it is across the street from a water treatment facility, which causes a bad smell. The developer did not disclose this information when I purchased the house, and there was no mention... View More 
answered on Feb 18, 2025
Your question is unclear as to whether you could have seen or discovered this issue before you purchased the home. If you could see this facility, it would be up to you to investigate whether you might want to purchase a home with a location near a facility.
Even if you could not see the... View More
answered on Jan 16, 2025
The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).
Successor trustees are named in the event that the named trustee is unable or refuses to serve.
As you have probably surmised, being designated as a trustee comes... View More
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
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
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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
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
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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
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
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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
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?
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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
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?
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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
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
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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
I want to know how to pursue and regain ownership of the mobile home
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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
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
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
I discovered that the deed to my home, issued in 2022, does not include my full legal name, as it only contains the second part of my two-part last name. Although I haven't had to use the property record to prove ownership or residency yet, I'm concerned about this discrepancy, especially... View More
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answered on Apr 16, 2025
A deed that lists only part of your legal name can create confusion when trying to prove ownership or residency—especially for government procedures like obtaining a Real ID in South Carolina. Agencies typically look for consistency across your legal documents, including deeds, utility bills, and... View More
I was awarded the house in my divorce settlement in South Carolina, but I'm facing difficulties refinancing with my current mortgage company. Can the Garn-St. Germain Act be applied in this situation to help me qualify for refinancing or mortgage assumption?
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answered on Apr 12, 2025
Garn-St. Germain Act Protection for Divorce Property Transfers
Yes, the Garn-St. Germain Depository Institutions Act can be highly beneficial in your situation as someone awarded a house in a South Carolina divorce settlement. This federal law specifically protects transfers resulting from... View More
I am the president of a small (5-unit) HOA, and our bylaws have not been updated since 2006. We are addressing parking rights, which are not specified in the current bylaws. A tenant has offered a parking spot to a friend who does not live on the premises, and I am concerned about liability and... View More
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answered on Apr 12, 2025
To update your HOA bylaws and address the parking issue, you'll need to follow a structured amendment process that complies with South Carolina regulations. Since you've met the 65% quorum requirement, you're already on the right track according to the South Carolina Homeowners... View More
I live in a condo in South Carolina, and a water heater and dishwasher leak from the upstairs condo caused damage to mine. It has been deemed the fault of the upstairs condo owner, but I am unable to obtain their insurance information. What steps should I take to file a claim or address this... View More
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answered on Apr 12, 2025
To address the damage caused by the upstairs leak, the first step is to document all the damage thoroughly. Take photos and keep records of any repairs or communications with your landlord or neighbors regarding the issue. You should also report the incident to your condo association if you... View More
I am a 68-year-old resident living in a mobile home in Campobello, South Carolina. My roommate is in a wheelchair, and we've been facing several unaddressed repair issues like lack of underpinning, a sinking kitchen floor, black mold on the ceiling, and a power box with uncovered live wires.... View More
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answered on Apr 12, 2025
In South Carolina, landlords are required to maintain rental properties in habitable condition, meaning they must address serious repair issues like mold, live wires, and a sinking floor. If these issues have been reported and remain unaddressed, you may have grounds to challenge the rent increase... View More
I am a 68-year-old resident in a mobile home in Campobello, South Carolina, living with a roommate who uses a wheelchair. Recently, a new realty company took over our property and notified us of a rent increase from $400 to $600 starting in May. There might be a lease agreement that was sent, but... View More
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answered on Apr 12, 2025
In South Carolina, landlords generally have the right to increase rent, but the amount and frequency of the increase must be reasonable and in accordance with the lease agreement. If you don’t have a clear written lease, the situation can be more complicated, but the landlord is still required to... View More
I am seeking advice on what steps to take after an internet company mistakenly installed equipment on my property, resulting in holes in my siding and a dug-up yard. We never signed up for their service, and they have admitted the error. They offered 3 months of free internet, but have refused to... View More
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answered on Apr 12, 2025
It sounds like the internet company made a significant mistake, and you’re right to want them to take responsibility for the damage. Since they admitted to the error, you should first send a formal written letter to the company. In the letter, describe the damages, include the timeline of events,... View More
I currently own a piece of family land in South Carolina that my brother signed over to me about 10 years ago in an attorney's office without a written agreement. My brother, who has been paying the property taxes and has made improvements, now wants to sell his home and the land, but I do not... View More
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answered on Apr 12, 2025
If the deed to the land is in your name and was properly recorded, then you are the legal owner—regardless of who has been paying the taxes or making improvements. In South Carolina, once a deed is signed and recorded, ownership transfers, and your brother no longer has a legal claim to that... View More
I have been living on my mother's property for the last 10 years, both while she was alive and after she passed away. Since no probate proceedings have been initiated, will I be able to put a different mobile home on this land, even though the land isn't in my name? Do I have any rights... View More
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answered on Apr 12, 2025
If the land is still legally in your mother’s name and probate hasn’t been opened, then the property hasn’t officially passed to anyone else yet. That means you technically don’t have legal ownership or authority to make changes, like placing a new mobile home on it. Even if you've... View More
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