What evidence will the court require to challenge fraudulent mortgages recorded by a co-owner? – North Carolina Short Answer In North Carolina, you need clear, document-based proof that the challenged deed of trust (mortgage) is invalid as to your interest—most often because you never signed it, your signature was forged, or required formalities were not…
How do I prove sole ownership and avoid splitting the surplus proceeds with a former co-owner? – North Carolina Short Answer In North Carolina, surplus proceeds from a foreclosure go first to junior lienholders in order of priority and then to the owner(s) of record at the time the sale became final. To receive all…
How can I recover the full surplus funds after my petition was dismissed for improper service? – North Carolina Short Answer File again (or move to reopen) in the Clerk of Superior Court and perfect service on every necessary party under North Carolina’s service rules. In surplus-from-foreclosure cases, the clerk only distributes funds after all…
Who do I contact in North Carolina to amend a wrong death date on a certificate? – North Carolina Short Answer Start with North Carolina Vital Records (the State Registrar) to request an amendment, and loop in the county Register of Deeds where the death was registered. If the death date itself is wrong, the…
What steps can force the surviving spouse to disclose financial records and inheritance details? – North Carolina Short Answer In North Carolina, you can open the estate and use the Clerk of Superior Court’s powers to require disclosures. A personal representative must file a sworn inventory within three months and can seek court-ordered examinations and…
How do I discover what assets my parent left and whether any funds remain? – North Carolina Short Answer In North Carolina, you learn what your parent owned by opening or monitoring the estate with the Clerk of Superior Court in the county where your parent lived. The personal representative must file an inventory within…
Can I petition to open my parent’s estate if I can’t find a will or filing? – North Carolina Short Answer Yes. In North Carolina, an interested heir (like an adult child) may apply with the Clerk of Superior Court in the county where the parent lived to open the estate and be appointed administrator…
How can I check if an estate has been filed for my parent in North Carolina? Short Answer In North Carolina, estate filings are handled by the Clerk of Superior Court, Estates Division, in the county where your parent lived at death. Call or visit that clerk’s office and ask them to search for an…
Does my former spouse still have any claim to the surplus funds after our divorce closed without a claim? – North Carolina Short Answer Under North Carolina law, foreclosure surplus funds are paid first to junior lienholders of record and then to the owner(s) of record at the time of sale. A former spouse has…
What documents prove my right to surplus funds after refinancing nullified the deed of trust? – North Carolina Short Answer In North Carolina, you prove your right to foreclosure surplus by showing you were the record owner at the time of sale and that any senior liens have been paid or released. Bring certified Register…
