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Attorney & Mediator
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My brother in NC is loseing his house due to foreclosure. He

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My brother in NC is loseing his house due to foreclosure. He has a 1/2 acre of land left to him by an uncle at death. He would like to quitclaim this land to someone to save it for his children and not be homeless. It has an old mobile home on it, that is not worth anything can he do this . This foreclosure happens in ten days.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 5 years ago.
No, he can't quitclaim the property if it is already in the foreclosure process. Any attempts transfer now can be considered sham transfers. To save the property he would need to pay what he owes to avoid the foreclosure (reinstate the loan) or redeem the property after the foreclosure (which means paying the entire owed).








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Customer: replied 5 years ago.
I thought this was correct. Can he sell the property to someone?
Customer: replied 5 years ago.
I thought this was correct. Can he sell it to someone?
Expert:  Attorney & Mediator replied 5 years ago.
He can't sell it while it is already in the foreclosure process. Once the lender has started the foreclosure process it is out of his hands to sell it. All he could do is attempt to reinstate the amount he owes.





_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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