What legal remedies do I have to claim the interest I paid for when there was no written deed? – North Carolina Short Answer In North Carolina, a verbal deal to transfer an ownership interest in land is usually not enforceable because land transfers normally must be in writing. Even without a written deed, there…
What happens if the payoff funds don’t arrive in time for my home sale closing? – North Carolina Short Answer In North Carolina, a home sale usually cannot “fund” and the closing attorney (the settlement agent) generally cannot disburse sale proceeds unless the money needed to pay off the seller’s mortgage is actually available as…
What are my legal options after police entered my trailer without an eviction notice? – North Carolina Short Answer In North Carolina, a person generally cannot be removed from a home (including a trailer used as a residence) through “self-help.” Possession usually changes only through the court process for eviction (summary ejectment) and, when a…
What proof will a title company need to show there are no remaining heir claims after a tax sale? – North Carolina Short Answer In North Carolina, a title company usually looks for proof that the tax foreclosure case properly bound anyone who could claim through “unknown heirs,” and that the one-year period to challenge…
Can I keep paying rent and utilities while the title transfer is still pending, and what records should I keep? – North Carolina Short Answer In North Carolina, rent and utility obligations usually follow the agreement that controls possession (for example, a lease, a post-closing occupancy agreement, or a written “rent-back” arrangement), not the paperwork…
If the family member stops paying, can I cancel the transfer or do I have to sue to enforce the agreement? – North Carolina Short Answer In North Carolina, the ability to “cancel” depends on what was actually signed and recorded. If a deed has already been delivered and recorded in the family member’s name,…
If I am the sole heir named in the will and others were disinherited, can anyone still challenge the quiet title case or a sale? – North Carolina Short Answer Yes. In North Carolina, being named as the sole beneficiary under a will does not automatically prevent other people from challenging (1) the will itself,…
What happens if someone else claims an interest during the quiet title process? – North Carolina Short Answer In North Carolina, if another person claims an ownership interest or lien during a quiet title case, that claim usually becomes part of the lawsuit. The claimant may file an answer and may also assert a counterclaim,…
What happens if I’ve been paying the mortgage on a house I don’t own—can I force a sale or partition? – North Carolina Short Answer In North Carolina, partition (including a court-ordered sale) is generally available only to people who have an ownership interest in the property (co-owners). If the home is titled solely in…
What rights do I have if someone applies for a driveway easement across my and my neighbor’s property? – North Carolina Short Answer In North Carolina, a developer generally cannot place a private driveway easement across someone else’s land without a signed written easement (or a court order in a limited type of “private way”…
