How should the seller be listed on the listing agreement when a trust owns the property and I am signing as trustee? – North Carolina Short Answer In North Carolina, the “seller” on the listing agreement should match the legal owner shown in the chain of title—typically the trust’s trustee(s) acting in that fiduciary capacity…
Can a developer force an easement on undeveloped land over the owner’s objection? – North Carolina Short Answer Usually not. In North Carolina, a private developer generally cannot record or “force” a driveway easement across someone else’s land without the owner’s consent. An easement can sometimes be imposed without consent only through narrow legal routes—most…
What happens if one seller under a power of attorney doesn’t respond to finalize the sale? – North Carolina Short Answer In North Carolina, a sale involving co-owners usually cannot close unless every owner (or that owner’s valid agent under a power of attorney) signs the contract and the deed. If the power-of-attorney holder does…
How do I regain access to my mortgage payment history and ensure my payments are being credited? – North Carolina Short Answer In North Carolina, a mortgage servicer must generally accept and credit a full contractual payment within one business day when it is received at the designated payment address, and it must give written…
How can I move forward with the earlier buyer after a later buyer backed out over a title issue from a past tax foreclosure? – North Carolina Short Answer In North Carolina, moving forward with the earlier buyer usually comes down to whether the earlier contract was properly terminated in writing and whether any termination…
What documents should I gather from the closing and inspection to find out whether I have a case? – North Carolina Short Answer In North Carolina, the most useful documents are the signed purchase contract (and all addenda), the seller’s Residential Property Disclosure Statement (and any attached reports), the full home inspection report (including the…
Can we undo the sale or force the buyer to transfer the land back to our family? – North Carolina Short Answer Sometimes, but only in narrow situations. In North Carolina, once a deed is delivered and recorded, a court usually will not “undo” the sale unless the family can prove a legal reason to…
What happens to my property if the bond conditions aren’t met and the collateral is called? – North Carolina Short Answer In North Carolina, if a defendant misses court or otherwise violates bond conditions, the court can forfeit the bond and later enter a final judgment for the bond amount against the surety. If real…
Do I need to open probate, or can I transfer title without it because there is a lady bird deed? – North Carolina Short Answer In North Carolina, most people cannot transfer real estate without probate just because a document is called a “lady bird deed.” North Carolina does not generally use “lady bird deeds”…
What proof is needed to pursue adverse possession if my family has cared for the land for years? – North Carolina Short Answer In North Carolina, “caring for the land” is not enough by itself to win an adverse possession claim. The proof usually must show actual, open, continuous, exclusive, and hostile possession for the…
