How does a contested service affect a preliminary injunction hearing in my quiet title dispute? – North Carolina Short Answer In North Carolina, a court generally cannot enter a preliminary injunction against a defendant until it has personal jurisdiction, which usually requires proper Rule 4 service or a valid waiver. If service is contested and…
Can I overcome a motion to dismiss for lack of personal jurisdiction and service in a quiet title action? – North Carolina Short Answer Often, yes—if the court has power over the North Carolina real estate and you cure any service problems. Quiet title actions about land located in North Carolina proceed in rem or…
How can I properly serve court papers on an attorney who filed a limited appearance in my quiet title case? – North Carolina Short Answer In North Carolina, you must complete initial service of the summons and complaint on the opposing party under Rule 4; serving their limited-appearance attorney does not substitute for that unless…
What can I do if the defendant refuses certified-mail delivery and evades service in a property lawsuit? – North Carolina Short Answer Under North Carolina Rule 4, if certified mail is refused or the defendant dodges service, switch to another approved method (personal delivery, leaving at the dwelling with a suitable resident, a designated delivery…
What steps can I take to challenge an unauthorized deed addition made after the owner became incapacitated? – North Carolina Short Answer In North Carolina, you typically file a quiet title action in Superior Court to remove a deed or name added without authority after the owner became incapacitated. To protect the property while the…
What is involved in an initial title search before buying a house? – North Carolina Short Answer In North Carolina, an initial title search reviews the property’s recorded history, liens, taxes, and any estate filings to confirm who must sign your deed. If a co-owner has died, the search focuses on how that person held…
What happens if a title search reveals unclear ownership due to a death? – North Carolina Short Answer In North Carolina, a deceased co-owner’s share usually does not pass to the surviving owners unless the deed clearly created a right of survivorship or it was owned by spouses as tenants by the entirety. Otherwise, the…
How can I confirm the title is clear when one deed holder has died? – North Carolina Short Answer In North Carolina, start by checking the deed to see how the owners held title. If the deed clearly created a right of survivorship, the deceased owner’s interest usually passed to the survivors and you confirm…
How do I identify heirs of a deceased co-owner on a property deed? – North Carolina Short Answer Start by confirming how the co-owners held title. If the deed says “with right of survivorship” (or the deceased co-owner held the property with a spouse as tenants by the entirety), the surviving co-owners typically own the…
Can I challenge a foreclosure auction that happened without my knowledge as estate administrator? – North Carolina Short Answer Yes—under North Carolina law you can ask a court to stop or unwind a power-of-sale foreclosure if you act fast. You must file in Superior Court to enjoin consummation of the sale, and you generally must…
