Do I need a separate agreement or court order before recording a quitclaim deed from my former spouse? – North Carolina Short Answer Usually, no. In North Carolina, a properly drafted quitclaim deed signed by the former spouse and properly acknowledged (typically notarized) can be recorded with the county Register of Deeds without a separate…
How do I use a quitclaim deed to put the home only in my name after a divorce? – North Carolina Short Answer In North Carolina, a quitclaim deed can transfer a former spouse’s ownership interest in the home to the other former spouse, but it only works if it is properly signed, notarized, and…
Can I undo or challenge the property transfer if the buyer didn’t pay what was agreed? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, once a deed is signed, delivered, and recorded, title usually transfers even if the buyer later fails to pay. The usual remedies are a lawsuit to enforce…
What risks should I watch for when buying a property that has a deed of trust connected to a deceased owner? – North Carolina Short Answer In North Carolina, the biggest risks are (1) buying from someone who does not actually have authority to convey title after the owner’s death and (2) assuming a deed…
Can we sell the property if it has major safety issues and damage, and what disclosures do we need to make to buyers? – North Carolina Short Answer Yes. In North Carolina, a residential property can be sold “as-is” even if it has major safety issues or damage, but the seller still must provide the…
What risks am I taking if I accept a quitclaim deed instead of a warranty deed? – North Carolina Short Answer In North Carolina, a quitclaim deed transfers only whatever ownership interest the former spouse actually has—if any—and it generally comes with no promises about title. A warranty deed, by contrast, typically includes promises (warranties)…
What is the difference between reinstating the loan and paying off the mortgage, and which one buys more time? – North Carolina Short Answer In North Carolina, reinstating a mortgage usually means paying the past-due amounts (plus allowed fees and costs) so the loan becomes current again, while paying off the mortgage means paying the…
After the deed is signed, what steps do I take to record it and update the title records? – North Carolina Short Answer In North Carolina, a signed deed does not update the public title records until it is recorded with the Register of Deeds in the county where the property is located. Recording typically…
What happens if the closing happens before we agree on how repair reimbursements will be handled? – North Carolina Short Answer In North Carolina, if a home closing happens before the parties clearly agree (in writing) on repair reimbursements, the reimbursement often becomes a post-closing dispute instead of a clean closing disbursement. Once the deed…
How long do we have to take action after a slip-and-fall injury at a business? – North Carolina Short Answer In North Carolina, most slip-and-fall injury claims against a private business must be filed in court within three years of the injury. Waiting too long can permanently bar the claim, even if the store had…
What documents does a lender or title company usually require to confirm I have clear title after an inheritance? – North Carolina Short Answer In North Carolina, a lender or title company usually wants a clean, recorded “chain of title” from the deceased owner to the heir, plus probate paperwork showing who had authority to…
What happens if my former spouse signs a quitclaim deed but there is still a mortgage on the property? – North Carolina Short Answer In North Carolina, a quitclaim deed can transfer whatever ownership interest a former spouse has in the home, but it does not change the mortgage. If both spouses signed the promissory…
How can we verify who actually paid the property taxes for each parcel and which years are still unpaid? – North Carolina Short Answer In North Carolina, the most reliable way to confirm which tax years are unpaid is to get a written tax certificate (or approved website printout) from the county tax collector showing…
How do I make sure a deed of trust and promissory note are properly signed and enforceable? – North Carolina Short Answer In North Carolina, a promissory note is usually enforceable when the borrower signs it and the terms are clear, but a deed of trust must also be properly executed and notarized so it…
What happens if co-owners can’t agree on reducing the list price or accepting an offer before the foreclosure deadline? – North Carolina Short Answer In North Carolina, if co-owners cannot agree on a price reduction or whether to accept an offer before a foreclosure deadline, the sale may simply not happen in time and the…
How can I find out whether there are any liens or unpaid taxes that would have to be paid at closing? – North Carolina Short Answer In North Carolina, the standard way to find liens and unpaid taxes that may have to be paid at closing is to have a closing attorney run a title…
How do I find out who is actually on the deed for a property and whether it is considered heirs property? – North Carolina Short Answer In North Carolina, the starting point is the county Register of Deeds where the land is located. A deed search there can show the last recorded owner(s) and any…
If my name is already on the deed with a deceased relative, what happens to the property now? – North Carolina Short Answer In North Carolina, what happens next depends on how the deed lists the co-owners. If the deed created a right of survivorship (or the property was held by a married couple as…
Can heirs use a quitclaim deed to move title from a deceased owner to the heirs, and what has to be included for it to be accepted? – North Carolina Short Answer In North Carolina, heirs generally cannot “move” title out of a deceased parent’s name just by signing a quitclaim deed as if the…
How do I stop or delay a foreclosure while the property is listed for sale? – North Carolina Short Answer In North Carolina, the most common ways to stop or delay a foreclosure long enough to pursue a private sale are (1) getting the lender or substitute trustee to postpone the sale date, (2) filing…
What proof do I need to show that the repairs were necessary and should be reimbursed at closing? – North Carolina Short Answer In North Carolina, reimbursement for repairs at closing usually depends on what the contract (or a written repair addendum) requires and what the closing attorney can document on the settlement statement. The…
How can I enforce payment when someone took over my property but hasn’t finished paying me for it? – North Carolina Short Answer In North Carolina, enforcing payment after someone has taken over property usually depends on what documents were signed at the time of the transfer. If the buyer signed a promissory note and…
How long do I have to disclaim a deed before it becomes final and hard to undo? – North Carolina Short Answer In North Carolina, a deed transfer generally becomes much harder to unwind once the deed is delivered and recorded, especially if someone else later relies on the public record. If the goal is…
What happens if someone forged legal documents related to a property transfer or ownership? – North Carolina Short Answer In North Carolina, forging a deed or other ownership document can trigger both criminal charges and a civil court case to fix the title. Criminally, forging a deed can be a felony, and using (“uttering”) a…
