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 
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
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.
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
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
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.
What happens with the partition during the redemption period of the delinquent tax sale?
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I want to put it on paper and make it official but not exactly sure how to write it out
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
My grandfather passed away and my grandmother needs a new deed with my grandfather removed to purchase new home insurance.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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... View 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
that he can title the home in just his name.
Where do I stand legally?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
