Can I force a timeshare company to recognize my heirship and change title based on the probate order? – North Carolina Short Answer Sometimes, yes—but it depends on what kind of timeshare interest it is and whether the probate paperwork actually transfers record title. In North Carolina, a “timeshare estate” is treated like real estate,…
Can I enforce an offer to purchase if a co-owner fails to sign? – North Carolina Short Answer Usually not. In North Carolina, a contract to sell real estate generally must be in writing and signed by the party being forced to perform. If one record owner (or that owner’s valid power-of-attorney agent) never signs,…
How can I challenge and remove a fraudulent deed recorded after my grandparent’s death? – North Carolina Short Answer In North Carolina, a recorded deed does not get “removed” by the register of deeds just because it is fraudulent. The usual way to clear title is to file a civil lawsuit in Superior Court (often…
Can I use mediation or arbitration to resolve my dispute with the lender over loan transfer and account access? – North Carolina Short Answer Sometimes. In North Carolina, mediation is often available by agreement and can be a practical way to get the lender or servicer to correct account access problems and clarify “successor in…
Can I ask for a second appraisal if the value seems inaccurate? – North Carolina Short Answer Sometimes, but it depends on why the appraisal exists and who ordered it. In a North Carolina financed home purchase or refinance, a lender typically controls the appraisal process and may allow a “reconsideration of value” before ordering…
How do I ensure an in-law parent receives the full value they’re entitled to when selling a life estate property? – North Carolina Short Answer In North Carolina, when a life estate property is sold with both the life tenant and the remainder owner signing, the sale proceeds should be divided so the life tenant…
How can I clear a title cloud from a past tax foreclosure that lists unknown heirs so I can sell this property? – North Carolina Short Answer In North Carolina, a past tax foreclosure that named “unknown heirs” can leave a title company or buyer concerned about whether everyone who might have claimed an interest…
How do I get a quitclaim deed prepared and recorded to transfer a property interest for a mortgage or loan in my name? – North Carolina Short Answer In North Carolina, a quitclaim deed can transfer whatever ownership interest the current owner has, but it does not “refinance” a loan or automatically move a mortgage…
Who can give a valid payoff and lien release if the collection agency says only the estate owes the debt but the closing attorney rejects their payoff? – North Carolina Short Answer In North Carolina, the party who can give a payoff that a closing attorney can rely on and who can sign a recordable…
What options keep my buyer in place while we resolve the lien, such as escrow or a holdback at closing? – North Carolina Short Answer In North Carolina, keeping a buyer in place while a lien issue gets resolved usually requires a written agreement that either (1) delays closing with clear deadlines or (2) closes…