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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36960
Experience:  Texas Attorney for 30 years dealing in real estate
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My son bought house in 2006. I give m 10% and cost. now I

Customer Question

my son bought house in 2006. I give him 10% for downpayment and for closing cost. now I live in his house for 10 years and pay all taxes and his mortgage. He got married and move to different country and not talking to us anymore. What should I do and any chance I can put my name on deed?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.

Yes you will need local real estate lawyer to file a suit to quiet title.The court will award you clear title to the property.Since you have paid this you have great facts and the order issued by the court issued in North Carolina will give you clear title.

NC lawyer referral to file suit..

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Quiet Title

¶ 193.01. Action to Quiet Title

The action to quiet title is a form of action which is designed to remove clouds on title, to adjudicate title disputes when ejectment will not lie and to secure summary possession of land. The underlying purpose of this action is to "unify into one simple procedure all of the diverse procedures by which clouds of title were formerly tried."1 An action to quiet title is not an action in equity but, rather, an action at law created by statute as a substitute for various statutory remedies formerly available to persons seeking to establish or to acquire or to clear title to lands or interests therein.2

A quiet title action may be brought in the following circumstances:

(1) To compel an adverse party to commence an action of ejectment;

(2) When an action in ejectment will not lie, to determine a right, lien, title, or interest in the land or determine the validity or discharge of any document, obligation, or deed affecting any right, lien, title or interest in the land;

(3) To compel an adverse party to file, record, cancel, surrender or satisfy of record or admit the validity, invalidity or discharge of, any document, obligation or deed affecting any right, lien, title or interest in the land; or

(4) To obtain possession of the land sold at a judicial or tax sale.3

The action to quiet title is separate and apart from the action of ejectment. A claimant not actually in possession of the property claimed may not bring a quiet title action to recover possession, but must bring an ejectment action.4

¶ 193.03. Relief Available in Quiet Title Action.

The relief that is authorized in actions to quiet title provides that the Court:

(1) shall order the defendant to be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim the plaintiff set forth in his complaint;

(2) shall enter a final judgment that a document, obligation or deed affecting a right, lien, title or interest in the land is cancelled or is valid, invalid or discharged or that a copy of a lost plan, document, obligation or deed is an authentic copy;

(3) shall enter a final judgment ordering the defendant, the prothonotary, the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any document, obligation or deed necessary to make the decree effective; or

(4) shall enter any other order necessary for the granting of proper relief.

The remedy of specific performance is also available in quiet title actions.

I appreciate the chance to help you today.Thanks again.

Customer: replied 8 months ago.
what about mortgage? I just continue pay like before? and keep on his name?
Expert:  Ray replied 8 months ago.

You would keep paying on the mortgage here if you want to keep the property.If title is awarded to you then lender may have to let you assume mortgage here. Court awards you title in suit to quiet title.Thanks.

Expert:  Ray replied 8 months ago.

If you can positive rate when we are done it is always much appreciated.

Customer: replied 8 months ago.
I just talked to local real estate attorney and he said because ONLY his (my son's) name on deed was recorded he can not do " quiet title" suit. And all I can hope, here in NC, for "adverse possession" , but I need to live there and pay all bills 10 more years, so..... after 20 years in possession............. ???????
Expert:  Ray replied 8 months ago.

Well adverse possession here--you still have to file suit to quiet title claiming you paid taxes and bills here.You have to decide if you want to keep doing that in order to claim it in court with quiet title awarding you clear title.

Customer: replied 8 months ago.
can you give me any idea how much it can cost for me?
Expert:  Ray replied 8 months ago.

The lawyer would want a retainer here to bill against.Maybe retainer of say $1,500 or so.Thanks.

Customer: replied 7 months ago.
well.... I talked to 3 local attorney and they all told me in NC I can not do what you said...... any other ways to do this? What if I will get lien on this house? I want only one - live there rest of my life coz IT IS MY HOME! and I pay for it and take care about .
Expert:  Ray replied 7 months ago.

You would have to file suit to quiet title here and when to receive title.You may want to try other lawyers to file such a suit here.

Thanks for the follow up.

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