How do I confirm that no one else, like a sibling, has conveyed any part of our inherited property? – North Carolina Short Answer In North Carolina, start by searching the county Register of Deeds for any deeds, deeds of trust, or liens recorded after the decedent’s death in the heirs’ names. Also check the…
Can I use a mechanics lien or storage lien to clear title issues for a home or vehicle left on estate property? – North Carolina Short Answer In North Carolina, a mechanics lien or storage/garageman’s lien is not a general tool an estate can use to clear title to a home or vehicle. Mechanics liens…
How do I obtain or reissue a mobile home title from the DMV when the original is missing? – North Carolina Short Answer In North Carolina, the personal representative can request a duplicate manufactured/mobile home title from the N.C. Division of Motor Vehicles (DMV) using the DMV’s duplicate title process. You’ll complete the DMV’s duplicate…
What steps do I need to take to switch utilities into an occupant’s name when managing estate real property? – North Carolina Short Answer In North Carolina, the personal representative should first confirm legal control of the property, then require the occupant (as a month-to-month tenant) to keep all utilities in the occupant’s own name…
How can I assign an oral month-to-month lease to an occupant after acquiring a property in an estate? – North Carolina Short Answer In North Carolina, you usually do not “assign” a lease to the occupant when you become the new owner or personal representative; the month-to-month tenancy continues by law. You can either (1)…
What steps should I take to prove there is no valid right of way on my land? – North Carolina Short Answer In North Carolina, you disprove a claimed right of way by (1) ruling out any express, recorded easement in your chain of title and plats, and (2) defeating non‑recorded theories like prescription, implication,…
Can I get an injunction or court order to prevent a trespasser from accessing my property? – North Carolina Short Answer Yes. In North Carolina, a property owner can ask the Superior Court for a temporary restraining order (TRO) and a preliminary injunction to stop a continuing trespass. You must show ongoing or threatened entry,…
How can I legally stop someone from crossing my property without permission? – North Carolina Short Answer In North Carolina, you can file a civil lawsuit for trespass and ask the Superior Court for a temporary restraining order and a preliminary injunction to stop the crossings. To get an injunction, you must show you are…
Can I block specific individuals, like my sibling’s friend, from attending a home appraisal? – North Carolina Short Answer Yes. In North Carolina, you control who enters your home. You may allow a licensed appraiser to access the property while barring any specific person (such as a sibling’s friend or a particular agent). If a…
What steps can I take if my mortgage servicer violates federal regulations on loss mitigation and loan assumption? – North Carolina Short Answer In North Carolina, if a servicer recognizes you as a confirmed successor in interest but refuses loan assumption or loss mitigation, send a formal Notice of Error and Request for Information to…