Can I challenge the former spouse’s sale of their share if I received no notice of the transaction? – North Carolina Short Answer Under North Carolina law, a co-owner (tenant in common) can sell their undivided share without notifying the other owners. Lack of notice alone does not void the deed. The buyer simply steps…
Can I request a continuance for the partition hearing while we work toward closing? – North Carolina Short Answer Yes. In North Carolina partition cases, you may ask the Clerk of Superior Court to continue a hearing for good cause. If the property has been sold through the judicial sale and upset bid process and…
Can an upset bidder choose a different title attorney after the initial sale is confirmed? – North Carolina Short Answer Usually yes for title review, but not if it conflicts with the court’s orders. In a North Carolina judicial partition sale, the buyer may hire their own North Carolina lawyer to examine title. However, the…
What happens if a buyer keeps extending the closing date after a partition sale? – North Carolina Short Answer In North Carolina, once a partition sale survives the upset-bid period and is confirmed, the purchaser must pay the balance and close by the deadline set in the sale or confirmation order. If the buyer does…
How do I request an extension of time to respond to a partition petition? – North Carolina Short Answer In North Carolina partition cases, you generally have 10 days after service of the special proceeding summons and petition to file a written answer with the Clerk of Superior Court. To get more time, file a…
How can I find out the outstanding mortgage balance when the servicer won’t share details? – North Carolina Short Answer In North Carolina, heirs who inherit real estate take it subject to any existing mortgage, and lenders usually will not discuss payoff figures without proper authority. You can get that authority by having a personal…
How do I calculate the equity in co-owned property before paying off a mortgage? – North Carolina Short Answer In North Carolina, start with the property’s fair market value, subtract all liens (like the mortgage payoff and taxes) and expected sale costs to get total equity. Then divide the net equity by each co-owner’s percentage…
How can I get the trustee of the co-owner’s trust to sign a satisfaction of deed of trust? – North Carolina Short Answer In North Carolina, the recorded lien can be cleared by a satisfaction signed and recorded by the secured creditor of record (here, the trust acting through its trustee) or by using the…
Can I file a motion in the partition proceeding to hold sale proceeds and force release of the lien? – North Carolina Short Answer Yes. In a North Carolina partition case, you can ask the Clerk of Superior Court to order a judicial sale free and clear of liens, with any disputed lien attaching to…
How do I verify whether the recorded deed of trust is valid and properly enforceable? – North Carolina Short Answer In North Carolina, start by confirming that the deed of trust was properly executed (signed and notarized), correctly recorded and indexed, and that the co-owner had legal authority to encumber only their interest. Next, check…