If there are other heirs listed, can I still sell, refinance, or insure the property before the title is cleared? – NC

If there are other heirs listed, can I still sell, refinance, or insure the property before the title is cleared? – North Carolina Short Answer Under North Carolina law, a person listed as an heir usually cannot sell, refinance, or get full insurance coverage on inherited real estate until title is properly cleared. When public…

How should we handle earnest money, inspection, financing, and closing timelines to minimize risk? – NC

How should we handle earnest money, inspection, financing, and closing timelines to minimize risk? – North Carolina Short Answer In North Carolina residential purchases, risk is managed mainly by how the contract sets the due diligence fee, earnest money deposit, inspection (due diligence) period, financing deadlines, and firm closing date. The safest approach is to…

What is your role in title review and closing, and how will you coordinate with the real estate agent and the closing company? – NC

What is your role in title review and closing, and how will you coordinate with the real estate agent and the closing company? – North Carolina Short Answer In a North Carolina residential real estate transaction, a licensed North Carolina attorney must supervise the closing and perform the legal work involved in title review and…

How can we stop or postpone a tax foreclosure sale on inherited property if the heirs weren’t correctly listed? – NC

How can we stop or postpone a tax foreclosure sale on inherited property if the heirs weren’t correctly listed? – North Carolina Short Answer Under North Carolina law, a pending tax foreclosure sale on inherited property can sometimes be delayed or challenged, but missing or misnamed heirs usually does not automatically void the sale. Tax…

Can the other heirs disclaim their interest so one heir can take responsibility for the taxes and keep the property? – NC

Can the other heirs disclaim their interest so one heir can take responsibility for the taxes and keep the property? – North Carolina Short Answer Under North Carolina law, heirs may renounce (disclaim) their inherited interest in real property by filing and recording a proper renunciation. If the other heirs validly renounce, the interest they…