Category Archives: Real Estate Q&A Series

Can I negotiate inspection, appraisal, and financing contingencies to better protect me, and how should they be written? – NC

Can I negotiate inspection, appraisal, and financing contingencies to better protect me, and how should they be written? – North Carolina Short Answer In North Carolina, the parties may negotiate inspection, appraisal, and financing terms in a residential purchase contract, but the standard form contract already handles most of these through the “due diligence” structure…

If the sale proceeds, do I have any right to redeem the property or set it aside for improper notice? – NC

If the sale proceeds, do I have any right to redeem the property or set it aside for improper notice? – North Carolina Short Answer Under North Carolina law, there is no broad, automatic right to redeem real estate after a properly conducted foreclosure or execution sale is finally completed. The main “second chance” before…

What emergency filings can stop a tax sale long enough for me to pay the past‑due taxes? – NC

What emergency filings can stop a tax sale long enough for me to pay the past‑due taxes? – North Carolina Short Answer In North Carolina, the main ways to halt or slow a property tax foreclosure sale are: filing a motion with the clerk or judge to stay or continue the sale, filing for bankruptcy…

Do we need to open or revisit probate for a deceased parent’s property if the land has already passed to the siblings? – NC

Do we need to open or revisit probate for a deceased parent’s property if the land has already passed to the siblings? – North Carolina Short Answer Under North Carolina law, probate is usually only needed to get legal title from the deceased parent into the heirs’ or devisees’ names, or to address debts and…

How can I stop a foreclosure or eviction and keep living in my home? – NC

How can I stop a foreclosure or eviction and keep living in my home? – North Carolina Short Answer In North Carolina, stopping a foreclosure or eviction usually requires fast, formal action in court or with the mortgage holder before key deadlines pass. Options can include reinstating or paying off the loan before the foreclosure…

What happens if I accept the offer and the buyer backs out or can’t get financing—what are my options with the earnest money and contract remedies? – NC

What happens if I accept the offer and the buyer backs out or can’t get financing—what are my options with the earnest money and contract remedies? – North Carolina Short Answer Under North Carolina law, what happens with the earnest money and contract remedies depends mostly on the written purchase contract and on why and…

How can I file an injunction bond to delay a tax foreclosure when the auction is imminent? – NC

How can I file an injunction bond to delay a tax foreclosure when the auction is imminent? – North Carolina Short Answer In North Carolina, delaying an imminent tax foreclosure auction typically requires filing a lawsuit in Superior Court to enjoin (pause) the sale and asking the judge for a temporary restraining order or preliminary…

Can a tax sale be paused or voided if notices went to a grandchild instead of the legal heirs? – NC

Can a tax sale be paused or voided if notices went to a grandchild instead of the legal heirs? – North Carolina Short Answer Under North Carolina law, a tax foreclosure sale can sometimes be delayed or set aside if required notices did not reasonably reach the record owner or those with a recorded interest.…

Can the co-owner who has been paying property taxes be reimbursed or credited if we sell or settle up later? – NC

Can the co-owner who has been paying property taxes be reimbursed or credited if we sell or settle up later? – North Carolina Short Answer Under North Carolina law, a co-owner who pays property taxes can usually seek reimbursement or a credit from the other co-owners when the property is sold or in a legal…

How do we properly finalize a termination with the first buyer so we can accept a new offer without creating disputes? – NC

How do we properly finalize a termination with the first buyer so we can accept a new offer without creating disputes? – North Carolina Short Answer Under North Carolina real estate law, a seller should not treat the first contract as ended until the contract has been validly terminated in writing and all issues about…