Can I force the lender to provide mortgage and deed of trust information as a co-owner? – North Carolina Short Answer In North Carolina, being a co-owner on title alone does not require a lender to share loan details with you. But in a partition case, you can obtain payoff, reinstatement, and deed of trust…
What steps do I take if my sibling withdrew equity from our inherited home without my consent? – North Carolina Short Answer In North Carolina, a co-owner can file a partition proceeding with the Clerk of Superior Court to divide the property or order a court-supervised sale, with an accounting to sort out who owes…
What happens if an inherited property goes into foreclosure before partition is complete? – North Carolina Short Answer In North Carolina, a lender can foreclose even if a partition case is pending. If every co-owner signed the deed of trust, a completed foreclosure will usually end the co-owners’ title and the partition case becomes moot,…
How can I find out the home equity at my parent’s death versus now for a property I co-own? – North Carolina Short Answer In North Carolina, “equity” at any point in time is the fair market value of the home minus all loans and liens at that same time. To find equity at death,…
What rights do I have as the majority owner in a partition case? – North Carolina Short Answer In North Carolina, a majority co-owner has the same right as any co-owner to seek or oppose partition, but your percentage does not let you dictate the outcome. The Clerk of Superior Court prefers partition in kind…
What should I expect at the hearing to request release of funds from the property sale? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court typically releases sale proceeds after the sale is confirmed, required costs and liens are addressed, and all co-owners have notice and an opportunity to…
How can I confirm that every co-owner has been properly served with the partition petition? – North Carolina Short Answer In North Carolina partition cases, every co-owner (cotenant) must be served with the Special Proceedings Summons and Petition under Rule 4 before the Clerk of Superior Court moves the case forward or releases sale proceeds.…
Can I challenge the proposed fractional distribution of sale proceeds in a partition action? – North Carolina Short Answer Yes. In North Carolina partition cases, you can object to how sale proceeds are divided if the proposed fractions don’t match title interests or fail to account for credits, liens, or adjustments. You do this in…
Can I require the other co-owner to pay mediation fees upfront or recover them from the sale proceeds? – North Carolina Short Answer In North Carolina partition cases, you cannot unilaterally force a co-owner to pay mediation fees upfront. However, the Clerk of Superior Court can order how mediation fees are split and may shift…
What options do I have if mediation stalls because we lack property valuation and payoff information? – North Carolina Short Answer In North Carolina partition cases, you can pause or continue mediation while you collect missing numbers through court-backed discovery. The Clerk of Superior Court can order neutral valuation (such as an appraisal), require document…