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South Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for South Carolina on
Q: My mom died and left the house to me and two other siblings the house is paid for I want out of the property
Vincent Gallo
Vincent Gallo
answered on Dec 30, 2018

If you own an undivided 1/3 interest in the real estate, then you are free to convey it to whomever you want, provided that the grantee wants to accept your 1/3 interest in the real estate.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My dad is going on my home loan as a non occupant borrower does he have to be on my deed
Vincent Gallo
Vincent Gallo
answered on Aug 5, 2018

Your lender will be the one to answer that.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My mortgage was discharged in 2015 and I haven't gotten a release of lien as of 2018. I need this lien released asap
Vincent Gallo
Vincent Gallo
answered on Jul 5, 2018

In New York at least, there are penalties if the lender fails to discharge a satisfied mortgage of record within a certain period of time. You may wish to investigate that in South Carolina.

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: Is it legal for a mortgage company to enter a home w/out consent? They say the home is in “pre-foreclosure”

The homeowner is 2 payments behind

D. Nathan Davis
D. Nathan Davis
answered on Jul 5, 2018

No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.

The...
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1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: Are we required to pay rent if the sales tax on a house has not been paid

Delinquent tax notice came on door

Eric  Day
Eric Day
answered on May 23, 2018

You are required to pay rent because your rent obligation is determined through the contract you have with the landlord. The past taxes are the responsibility of the landlord, but this will not relieve you of your obligation to perform under your rental agreement as contracted with the landlord.... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: Dad died with no will. What happens to the house now and in the future regarding ownership?

Dad passed away last year and mom is living in the house they both paid for. There is no mortgage or lien against the home. All of my siblings received a form for quitclaim deed. What is quitclaim and why would we receive this? Does the house my mom and dad paid for not belong to her? What... View More

Bennett James Wills
Bennett James Wills
answered on Mar 23, 2018

Without seeing the deed; it is likely that the house would belong to the mother alone. You should consult an attorney to determine your rights before you sign anything.

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: Can you put a down payment on a foreclosure house or does it have to be paid all cash ?

I have 3/4 of the money they are ask for the house.

D. Nathan Davis
D. Nathan Davis
answered on Mar 18, 2018

Your question is unclear about the status of the foreclosure. If the property has been sold at a foreclosure sale and the lender has purchased the property, the lender can agree to any terms it wishes to accept. On the other hand, if the property is going to be sold at foreclosure sale, the... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Does affidavit of authority need to accompany quick claim deed removing another person from timeshare without money

Consideration

Michael Hales
Michael Hales
answered on Jan 13, 2018

My suggestion is to speak with the timeshare's management company. I've assisted with several of these in Florida, and often the management company will place requests that are not required by Florida law. As a result, the timeshare will often have all of these forms ready for you when... View More

1 Answer | Asked in International Law, Collections and Real Estate Law for South Carolina on
Q: I need some information I bought a time share in the bahamas but they collect the money in USA .

if i stop paying them will it affect my credit score

Richard Sternberg
Richard Sternberg
answered on Jan 11, 2018

Almost certainly, yes.

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I was approved for a refinance but I did not receive any money after signing paperwork. Why?
D. Nathan Davis
D. Nathan Davis
answered on Dec 18, 2017

On a refinancing, there are refinance loans where no money is given to the borrower. There is also cash out refinances where you refinance and also take out money against the equity in your home.

Based on the limited information you provided, I would guess that you had a straight...
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1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: Can I stop or slow down a foreclosure on a timeshare while a search for a lawyer that will only bill me if he wins a sui
Michael Hales
Michael Hales
answered on Oct 26, 2017

I believe that this would be possible. I don't have much info here, so I will say that if you have an attorney, I would recommend that you show him or her this article: https://www.targheelaw.com/article

It's something I wrote for attorneys to better understand options when it...
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1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can I get out of my timeshare?

I have a timeshare with westgate resort and can no longer afford to pay the monthly or annual fees. Can I get out of it?

Michael Hales
Michael Hales
answered on Sep 18, 2017

It's possible to get out of this contract. I wrote an article for the state bar association a while back that will have valuable information for you and your attorney. You can access it here: https://www.targheelaw.com/article.

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: Trying to figure out how to deal with selling mom's house i inherited

Mom died in March. Several years back she changed her deed to me while retaining a life tenancy. I'm getting ready to sell her house. Didn't probate her estate as that was her only asset and in passed to me outside probate. I was only beneficiary and personal rep. It's not my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 14, 2017

"Establishing" FMV is determining what a willing buyer and willing seller would agree to for a price. YOU are the seller. You can sell your own property for whatever YOU think is 'fair' but you may want to get an appraisal or otherwise compare what the market is supporting for... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Our Real Estate Agent didn't let the buyers know there was abestoes. What are our legal actions

The Real Estate Agent went into Agreement with My Sister who has power of Attorney for my mother, who has severe dementia. My Sister gave power of attorney to my Brother (who lived in the house) so he could sell the house. My brother signed the contract between the Real Estate Agent and himself... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Sep 9, 2017

Disclosure of asbestos is mandatory, regardless of whether it poses a health hazard or not. While the presence of asbestos-containing materials is to be expected in the vast majority of old buildings, the seller is required by law to notify future owners with regard to the existence of such... View More

1 Answer | Asked in Personal Injury, Libel & Slander, Consumer Law and Real Estate Law for South Carolina on
Q: ZILLOW Inc is publishing false, erroneous and misleading info - and they refuse to correct it- what can be done??

Have documented responses from ZILLOW- they acknowledge deficiencies in their "systems" but refuse to take corrective action. WILDLY varying "Zestimates" in similar, side by side properties - and NO coherent response?? ZILLOW penalizes diligent homeowners who properly... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

I don't see it--it's an estimate. They can use whatever metrics they want. If you feel your property is worth more then the agent selling it for you can promote it appropriately. They aren't required to change just because you took advantage of the tax system to challenge the... View More

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: Help! I put in a contract for a new-construction homes & was told the home would have gray granite, floors and walls.

I recently stopped by & the house has brown granite, floors, and beige walls. Builder acknowledges the error but is refusing to make any changes due to the cost. Please advise what my rights are.

Vincent Gallo
Vincent Gallo
answered on Jul 14, 2017

Normally, with new construction the contract contains an inclusions list. If your inclusions list reads gray granite, floors and walls, you may have rights against the builder. If this however, was only verbal, then you had better get used to what he installed.

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: My husband passed away 7 years ago with a mortgage in his name only that is now in default. Can they take my new home?

The mortgage was gotten about 20 years ago. He passed away 7 years ago and I continued to live in the house for 2 years before allowing someone to move in and take over the payments. The company never allowed me to put the mortgage in my name and the person has since defaulted on the payments and... View More

D. Nathan Davis
D. Nathan Davis
answered on May 14, 2017

The issue is whether you were liable for the repayment of the money. This is done in most instances by a separate note so that a lender can go after someone, even if the property becomes worthless. Simply inheriting the interest of your deceased spouse does not make you liable for repayment of... View More

1 Answer | Asked in Personal Injury and Real Estate Law for South Carolina on
Q: Can I be forced to sell my share of jointly owned property in the state of SC? My sister wants to buy out my interest.

This property was left to me by my mother's estate. SHe died without a will and I own 1/6 of the property.

David Alan Wolf
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answered on Apr 24, 2016

The property will likely go through a probate procedure to clear title unless there was a deed that handled the distribution prior to death. If co-owners cannot agree on the sale of property, there may be an action called a partition action to have the court decide the disposition or sale of the... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Is it legal for an owner of a rv park to charge 15 cants per kilowatt hr. when he gets it for 10 cants?

I am staying at a rv park where I have a separate electric meter. I am paying 15 cents per kilowatt hr. but blueridge electric co-op only charges 10 cents per kilowatt.

Does this make this owner a co-op and is this legal?

Thanks

Mike

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

http://www.regulatorystaff.sc.gov/Pages/default.aspx

You can probably call them and ask these questions.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My Mother and I own a home jointly. She doesn't live here or pay any bills. Can she be charged with trespassing?

I still live in the home with my husband and two small children. We have paid all of the bills on the home since it was purchased. My Mother has never paid a bill and she moved out two years ago. She is now suing us for a partition of the home. If she attempts to access the home, can she be removed... View More

Adam Studnicki
Adam Studnicki
answered on Aug 3, 2015

Depends on how the ownership is held and the agreements between the owners. Talk to a local real estate lawyer ASAP. Make sure you answer the lawsuit within the required deadline.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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