Do I have to pay my attorney’s bill before closing if I intended to pay from closing proceeds? – North Carolina Short Answer Usually, no statute forces prepayment just because a closing is delayed. In North Carolina, attorney fees are often paid from sale proceeds at settlement, but that can only happen after the settlement…
Can I fax a deed records request, or do I have to mail it or go in person? – North Carolina Short Answer In North Carolina, recorded deeds are public records. Anyone may request copies from the county Register of Deeds. State law does not require law firm letterhead or an in-person visit; counties may…
What exactly should be included on a law firm letterhead request to the register of deeds to obtain a deed copy? – North Carolina Short Answer In North Carolina, recorded deeds are public records. A law firm letterhead request should clearly identify the record (names, property details, and book/page if known), state whether a certified…
How do I document the permit delay to avoid being blamed for breach or late‑closing penalties? – North Carolina Short Answer Under North Carolina law, the contract controls deadlines and penalties, so create a clear paper trail and give prompt written notice before the settlement date. Attach official proof from the city or county inspections…
How can I sell only my remainder interest when a sibling has a life estate without forcing them to move? – North Carolina Short Answer In North Carolina, a remainderman may sell a remainder interest while a life tenant keeps the right to live in and control the property for life. The buyer takes title…
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…
