How can I confirm whether the other party has actually started the process to list the property for sale? – North Carolina Short Answer In North Carolina, the most reliable way to confirm that a court-ordered sale process has actually started is to check the public court file and look for an order appointing a…
What risks should I watch for when buying a foreclosure property, like liens, back taxes, or property condition issues? – North Carolina Short Answer In North Carolina, the biggest risks when buying a foreclosure are (1) title problems that survive the foreclosure (especially property tax liens and some other recorded claims), (2) timing risk from…
What documents or approvals are usually needed before a property can be listed for sale when multiple people are involved? – North Carolina Short Answer In North Carolina, a property can usually be listed for sale only after confirming who has legal authority to sell and who must sign the listing paperwork and, later, the…
How can I fix the title when multiple family members may have inherited the property and no one has clear ownership? – North Carolina Short Answer In North Carolina, “fixing the title” to inherited property usually means identifying every heir or other owner, then using the right legal process to put that ownership into the…
If I’m outside the country, can I still make an offer and close on a foreclosure property through a representative or power of attorney? – North Carolina Short Answer Yes. In North Carolina, a foreclosure buyer can usually make an offer, bid, and close through a representative, including an agent acting under a properly drafted…
What happens if the borrower stops making payments under a promissory note secured by a deed of trust? – North Carolina Short Answer In North Carolina, if the borrower stops making payments on a promissory note that is secured by a deed of trust, the lender (through the trustee named in the deed of trust)…
Can I buy or take an assignment of an existing deed of trust from the current lender or holder? – North Carolina Short Answer Yes—under North Carolina law, a deed of trust generally follows the promissory note, so buying the loan (the note) from the current lender typically carries the deed of trust with it.…
Can I sign a deed as the administrator to transfer the property to myself in my individual capacity? – North Carolina Short Answer Sometimes, but it depends on why the deed is being signed and whether the estate administration gives the administrator authority to convey the real estate. In North Carolina, an administrator has duties…
How can I get reimbursed for home repair costs while the house closing is still pending? – North Carolina Short Answer In North Carolina, reimbursement for repair costs during a pending closing usually happens by agreement in writing, then paying the agreed amount through the closing attorney on the settlement statement at closing. If money…
Do we need a quiet title case, a deed correction, or some other process to fix a broken chain of title? – North Carolina Short Answer In North Carolina, the right fix depends on what is “broken” in the chain of title. If the problem is a minor recording or scrivener error, a corrective filing…
