What documents and approvals do I need to list and close on my parent’s home? – North Carolina Short Answer Under North Carolina law, a deceased parent’s home is normally sold by a court-appointed personal representative (executor or administrator) through the estate. To list and close, that person usually needs formal appointment papers from the…
How can I sell my parent’s house if I’m not on the title? – North Carolina Short Answer In North Carolina, a person who is not listed on the deed cannot sell a parent’s house unless that person has legal authority to sign for the parent or for the parent’s estate. That authority usually comes…
What happens if other family members don’t agree with selling the property? – North Carolina Short Answer Under North Carolina law, a co-owner of real estate usually cannot be forced to keep owning property forever just because other family members refuse to sell. If the family cannot agree, any co-owner may file a partition case…
How do I deal with a mortgage or liens when selling my parent’s house? – North Carolina Short Answer In North Carolina, a parent’s house can usually be sold even if there is a mortgage or other liens, but those debts almost always must be paid or otherwise cleared at closing before the buyer gets…
How do I qualify for a loan modification when the house was inherited? – North Carolina Short Answer In North Carolina, an heir who receives a home through probate can often be reviewed for a loan modification if the loan servicer recognizes that person as a “successor in interest” and the mortgage is in default…
How can I stop or delay a home foreclosure that has already started? – North Carolina Short Answer In North Carolina, once a home foreclosure has started, it can sometimes be stopped or delayed by bringing the loan current, negotiating with the lender, filing a proper legal objection at the foreclosure hearing, using the upset-bid…
What happens if the sale date is soon, and are there emergency options to pause it? – North Carolina Short Answer In North Carolina, once a foreclosure sale is scheduled, the sale generally goes forward unless it is postponed by the lender/trustee, stayed by a court order, or delayed through the upset-bid process after the…
Will I owe a deficiency balance after the foreclosure, and how is that calculated? – North Carolina Short Answer Under North Carolina law, a borrower may owe a deficiency balance after foreclosure if the sale price is less than the total debt, unless a statute bars that deficiency (such as for certain purchase-money or qualifying…
If the property sells for more than what is owed, how do I claim any surplus funds? – North Carolina Short Answer In North Carolina, when a foreclosure or execution sale brings in more than the debt and sale expenses, the extra money (the surplus) belongs to the people legally entitled to it, often the…
Can I file Chapter 13 bankruptcy to stop a foreclosure on inherited property? – North Carolina Short Answer Under North Carolina law, a Chapter 13 bankruptcy filing generally triggers a federal “automatic stay” that stops a pending foreclosure on inherited property, as long as the sale has not been completed and the upset-bid period has…
