How do I fix a title defect when different deeds conflict about who owns the land and house? – North Carolina Short Answer In North Carolina, a sale in a partition case usually cannot close until the chain of title is clear enough for a buyer (and title insurer) to accept. When older deeds conflict,…
How can we get an insurance repair check released when the lender or servicer says the loan is in a monitored or pre-foreclosure status? – North Carolina Short Answer In North Carolina, a lender or mortgage servicer often holds insurance repair proceeds (sometimes called a “loss draft”) and releases the money in stages, especially when…
Can we negotiate a settlement where we choose the realtor and control the sale process instead of having a court-appointed person run the sale? – North Carolina Short Answer Yes—many North Carolina partition cases settle with a written agreement that sets the sale terms, including selecting a realtor, setting a listing price strategy, and allocating…
How do I start a partition case when a co-owner or the other side won’t respond? – North Carolina Short Answer In North Carolina, a partition case starts by filing a verified petition as a special proceeding in the Clerk of Superior Court in the county where the property is located, then having the clerk…
What happens if my sibling refuses to agree to sell the inherited house and won’t cooperate? – North Carolina Short Answer In North Carolina, a co-heir who owns an interest in an inherited house usually cannot be forced to sign a listing agreement or deed just because other heirs want to sell. But a co-owner…
How do we find out the mortgage payoff amount and the reinstatement amount, and can the loan be reinstated after missed payments? – North Carolina Short Answer In North Carolina, the most reliable way to get a mortgage payoff amount or reinstatement amount is to request a written statement from the loan servicer (the company…
How do I stop a co-owner from selling a house if I’m on the deed and I haven’t agreed to the sale? – North Carolina Short Answer In North Carolina, a co-owner generally cannot sell the entire house without the other co-owner(s) signing the deed, but a co-owner can sell (or try to sell) only…
Can we move forward with partition even if we never probate the estate? – North Carolina Short Answer Sometimes, yes. In North Carolina, a partition case can be filed by someone claiming to be a co-owner (a tenant in common or joint tenant), and inherited real estate often vests in heirs at death, subject to…
Do I need to resolve a partition or mediation first before I can do a cash-out refinance on the property? – North Carolina Short Answer Usually, yes—shared ownership often has to be resolved before a cash-out refinance can close in North Carolina. A lender typically requires that everyone who holds title either signs the new…
After the house sale closes, how does the court decide when and how the sale proceeds get released to each co-owner? – North Carolina Short Answer In a North Carolina partition sale, the sale money is typically held until the court (usually the Clerk of Superior Court) confirms the sale and approves a final accounting.…
