What happens if the other party delays or refuses to put the property on the market after agreeing to do so? – North Carolina Short Answer In North Carolina, a private agreement to list and sell a jointly owned property is only as strong as the enforcement options built into it. If one owner delays…
What can I do if there are conflicting deeds where the same property was signed over to different family members? – North Carolina Short Answer In North Carolina, conflicting family deeds usually get resolved by figuring out (1) whether each deed was validly executed and delivered, and (2) which deed has priority under the public…
What’s the difference between buying a foreclosed home before the sale versus at an auction versus after it becomes bank-owned? – North Carolina Short Answer In North Carolina, buying a “foreclosure” property can mean three very different transactions: (1) buying from the owner before the foreclosure sale happens, (2) bidding at the foreclosure sale (the…
How do we finalize and record revised deeds when some of the property owners live out of state? – North Carolina Short Answer In North Carolina, revised deeds can usually be finalized and recorded even if some co-owners live out of state, as long as each required signer signs the correct deed and the signature…
Can a deed of trust be modified or released once the promissory note is paid off? – North Carolina Short Answer Yes. In North Carolina, once the promissory note (the debt) is paid in full, the deed of trust (the lien on the real estate) can be released of record so the property title no…
What happens to a deed of trust when the borrower or one co-owner on the property dies? – North Carolina Short Answer In North Carolina, a deed of trust (the lien securing the loan) usually does not disappear when a borrower or co-owner dies. The lien generally stays attached to the property, even if ownership…
How do I transfer a deceased parent’s house from the estate to me if I’m acting as the administrator? – North Carolina Short Answer In North Carolina, an administrator usually transfers a deceased parent’s house into the heir’s name by completing the estate administration with the Clerk of Superior Court and then recording an appropriate…
What documents do I need to prove the correct boundary line and that the markers were moved? – North Carolina Short Answer In North Carolina, the strongest documents to prove a boundary line usually include the current deed for each property, any recorded plats or subdivision maps referenced in those deeds, and a signed/sealed survey…
How do I figure out who legally owns a family property when multiple deeds were signed over the years? – North Carolina Short Answer In North Carolina, the usual way to figure out who legally owns a family property is to reconstruct the “chain of title” from the county Register of Deeds records and then…
How do I properly disclaim a deed to real property after it has been transferred to me? – North Carolina Short Answer In North Carolina, the clean way to “disclaim” (renounce) a real property interest that has been transferred is usually a written instrument of renunciation that is filed with the Clerk of Superior Court…
