Do I need to file a quiet title action to clear title when there’s an alleged forgery? – North Carolina Short Answer In North Carolina, clearing a forged deed typically requires a civil lawsuit in Superior Court. If in possession of the property, a quiet title action under North Carolina law is the usual vehicle…
What happens to the property while the quiet title case is pending—can I sell or refinance? – North Carolina Short Answer In North Carolina, filing a quiet title lawsuit does not automatically stop a sale or refinance. But once a notice of lis pendens is filed and indexed with the Clerk of Superior Court, any…
What evidence do I need to prove a deed was forged or altered? – North Carolina Short Answer In North Carolina, proving a forged or materially altered deed generally requires clear, cogent, and convincing evidence that the true owner did not sign the deed or that the deed was changed after signing without consent. Courts…
What happens to the property title if the deed is ruled invalid? – North Carolina Short Answer In North Carolina, if a deed is ruled invalid, title does not lawfully pass under that deed. For forged or materially altered deeds, the law treats the deed as void from the start, so title remains with the…
What steps are required to obtain a full UCC-3 release on inherited property? – North Carolina Short Answer In North Carolina, the secured party of record must authorize and file a UCC-3 termination in the same office where the UCC-1 was recorded (Secretary of State for most filings; the county Register of Deeds for fixture…
Who is responsible for unpaid secured loans on property after the owner’s death? – North Carolina Short Answer In North Carolina, a valid lien follows the property after death. Heirs or devisees receive the asset subject to the lien, and they are not personally liable unless they assume the debt. The secured creditor can still…
How can I remove a UCC lien on a solar array when the original lender no longer exists? – North Carolina Short Answer In North Carolina, start by confirming where the UCC-1 was filed (Secretary of State vs. county Register of Deeds for a fixture) and who the secured party of record is. Send a…
How do I dispute a collection agency claim against an estate after probate closure? – North Carolina Short Answer In North Carolina, a post-closure collection claim is usually handled by reopening the estate so a personal representative can formally accept, reject, or litigate the claim. The clerk may reopen only for proper cause, and claims…
What happens if the sale falls through and a new buyer offers a lower price—can they still claim the difference? – North Carolina Short Answer In North Carolina, if the parties sign a clear, written mutual release that settles the failed deal and waives further claims, they generally cannot later pursue the seller or buyer…
How do I protect my rights as a tenant in a probate and foreclosure situation? – North Carolina Short Answer In North Carolina, protect your rights by (1) promptly asserting any money claims (repairs, services, or injury) in the decedent’s estate, (2) following the foreclosure process so you can bid or file an upset bid…