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My Dad had land that was bought by a distant uncle in a tax sale in SC (1998). The property was not redeemed within in the time frame. My brother and I were not notified, and my uncle claimed the land and is now the grantee. My Dad had health issues, so not sure if he was aware of the situation.... View More 
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answered on Jul 26, 2024
You will need to hire a SC attorney that handles real property litigation. A trial may occur which will require at least the defendants' presence.
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answered on Jul 17, 2024
Yes you can create an estate of your tenancy in common interest with your Daughter, unless the Deed to you is not a straight transfer to two tenants in common. Hire an SC attorney, not a title co., to explain the various interests you can convey to her but keep an interest yourself.
My mom and I own a property together free and clear. She would be willing to sign her consent to me getting a HELOC to renovate, but if I am going to be the only one on the loan, how much could I borrow against the property? Would I only be able to borrow half the value since my mom has 50%... View More
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answered on Jun 14, 2024
It is up to the lender as to how much they will loan against the home. Mom will probably have to sign the Note also.
The first year of being late HOA locked me out of my account and has not let me make any payments for previous or current years. They have charged me a daily fee of late fee, administration fees and my $600 bill is now $2600.00 2 years later. I can’t even pay my upcoming year because I am locked... View More
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answered on Nov 21, 2023
You might file a declaratory judgment action and also ask for a temporary injunction. You will need a SC attorney who can file suit fast.
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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
Mother is alive and lives on property, wants to lease part of it to a nonprofit,can that be done?
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answered on Nov 1, 2023
Is the Mother the Trustee? If so, then yes. Trustee makes these decisions in accordance with the Trust terms.
answered on Oct 28, 2023
A South Carolina attorney could advise best, but your question remains open for five weeks. Some questions go unanswered; you could try posting under Real Estate for better chances of a response. But as a general legal matter in retaining emails in any setting, it could depend on the entity's... View More
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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
Went to probate then to bank said I may have to pay off.
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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
that he can title the home in just his name.
Where do I stand legally?
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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.
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
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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
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.
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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
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.
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.
We made sure we met all qualifications.
answered on Jun 29, 2023
So long as you were not denied for an illegal reason, it would not appear that you would have any recourse. For example, if the person renting the home selected a more highly qualified applicant, or maybe another applicant offered to pay the full rent up front, or some other arrangement.
get out, is that fair? i have done a lot of work on the house without compensation.
answered on Jun 29, 2023
Depending on all the details, your situation is likely governed by the SC Landlord-Tenant Act and your Lease. Without more information, I cannot provide much more insight, but I would recommend reading the Act and your Lease and highlighting or underlining everything relevant to your issue, 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
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... View More
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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.
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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.
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