How do I protect my co-tenant interest if the house sale price drops below our buyout threshold? – North Carolina Short Answer In North Carolina, you can file a partition proceeding with the Clerk of Superior Court to trigger statutory protections for co-tenants, including an appraisal and a potential buyout right if the property qualifies…
What happens if the lender forecloses when there’s little equity left? – North Carolina Short Answer In North Carolina, a foreclosure sale pays foreclosure costs and the mortgage first. If the high bid is greater than the debt, any surplus is paid into the Clerk of Superior Court and then to the owners/heirs who prove…
How can I negotiate with my sibling to adjust the property deed to include my share? – North Carolina Short Answer In North Carolina, co-heirs typically own inherited real estate as tenants in common. You can often resolve title questions without filing a partition by reaching a written agreement with your sibling and recording a…
What evidence is needed to prove a fraudulent property deed? – North Carolina Short Answer In North Carolina, you prove a fraudulent or forged deed with clear, cogent, and convincing evidence. Strong proof includes testimony from the supposed signers denying the signatures, handwriting expert opinions, notary records that don’t line up, and the closing file…
How can I challenge a deed transfer if my siblings’ signatures were forged? – North Carolina Short Answer In North Carolina, you challenge a forged deed by filing a civil action in Superior Court to cancel the deed and quiet title. You should name the current record owner and any prior grantees, gather proof the…
What steps do I need to void a fraudulent conveyance of inherited property? – North Carolina Short Answer File a civil action in North Carolina Superior Court to quiet title and ask the court to cancel the fraudulent deed and any downstream transfers. Record a notice of lis pendens right away to freeze the title…
Can I prevent a buyer from taking title after a potentially fraudulent sale? – North Carolina Short Answer Yes—under North Carolina law, you can file a lawsuit to challenge the deed and immediately record a lis pendens to warn all future buyers. If signatures were forged, the deed is generally void and conveys no title;…
How long do I have to contest a deed transfer under inheritance laws? – North Carolina Short Answer In North Carolina, you generally have three years from when you discover a fraud to sue over a deed based on fraud or misrepresentation. A forged deed is void and can be attacked even years later, but…
Can I recover costs for damage to my parent’s trailer after I file a partition action? – North Carolina Short Answer Not in the partition case itself. In North Carolina, a partition is a special proceeding to divide or sell co-owned real estate before the Clerk of Superior Court; the clerk can adjust equities among…
What happens if I miss the deadline to sign the order distributing sale proceeds? – North Carolina Short Answer In a North Carolina partition sale, your signature is not legally required for the court to enter a distribution order. If you miss the signing deadline, distribution usually pauses until the Clerk of Superior Court enters…
