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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.
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
the shed. She notified them and inivited them to pick it up. They didn't. Two months after I bought the home, they attempted to repossess shed. They destroyed my fence and yard. They claim they still own the shed. They are not currently willing to pay for damages. What are my legal options?
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answered on Mar 2, 2023
Hire a SC attorney to sue for property tort damages. You will need a witness to establish the cost of repairs.
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
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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.
Developer is trying to purchase all land near us and continues to add more properties. Contract was supposed to close by 13Jan2023 or within 5 days or until all surveys completed. But every new property requires new surveys and delays our closing. So far we have missed 2 closings and I now wish to... View More
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answered on Feb 20, 2023
It appears your contract is breached unless you agreed to it. You may want to sell to someone else. Consult with a SC attorney. Whatever you do litigation may occur, especially if there is earnest money involved.
The payment is coming from an international bank in Belize to my US account. Does the "initiation" of the wire transfer constitute payment on time, or am I allowed to access a late fee.
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answered on Feb 8, 2023
Payment is money delivered to the seller. Do not sign the Deed until you have money in hand. Wire Transfers for real property are notorious for fraud. Hire an attorney to complete this conveyance.
We purchased the home not quite a year ago. Now he wants to split up after 8 years together. Both of our names are on the deed but the mortgage is in his name only. I want to stay in my house. I am not expecting him to pay the mortgage, I will pay it but the mortgage. He had the better credit so we... View More
answered on Feb 5, 2023
Were you husband and wife going through a divorce or just purchased the home together while single? I would need this information to properly respond.
How is base price figured on inherited land?
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answered on Jan 23, 2023
TN does not have an income tax... If you live here, why are you worried about SC's income taxes? But heir will get a stepped up basis anywhere.
What happens with the partition during the redemption period of the delinquent tax sale?
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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.
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