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Recent Deed of Trust questions

Q!y husband and I are trying to refinance our home. In doing

Q!y husband and I are trying to refinance our home. In doing so we found that the "trustee", a lawyer filed the deed do trust three times on one construction loan. Twice in our county a done in an adjoining county. Also, the bank never filed lien releases for either of the supposed loans (which was really only one) but looks like two or three. Is this trustee at fault? Also, shouldn't the bank release these liens? The bank has no record in their files because it has been 12 years. Can we sue the lawyer for falsely filing multiple liens and can we sue the bank for not doing what the law requires. We are in North Carolina. Thanks, ***** *****JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: As I stated we are in North Carolina.JA: Has any paperwork been filed?Customer: Everything is completed for a refinance except the multiple lien releases. This is holding up everything and also costing us hundreds of dollars extra because of the intense investigations for title searches.JA: Anything else you want the lawyer to know before I connect you?Customer: I contacted the lawyer or trustee about why they were falsely filed multiple deeds do trust and he cursed me and then hung up the phone on me. He was very rude and I threatened to file a complaint to the bar. I also told him he owed us the extra it was costing us. He says his attorney will handle it when I sue him.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,386 satisfied customers
My husband passed away last month. We had a will, but

My husband passed away last month. We had a will, but however the house and cars are in his name except for my car. We were married for 22 years. The Deed of the house was in his name but we refinanced in 2013 and my name and his name are on the Deed of Trust. I had to open up an Estate because the house is over 50,000. I don't want to lose my house I have children. Is there anyway with my name being on the Deed of Trust I can keep the house off the Estate. Thank you. sandy

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,386 satisfied customers
I am buying a home with seller backed financing. The seller

Hi I am buying a home with seller backed financing. The seller wants to hold on to the trust of deed as the home is paid off and she owns it out right. I wanted to make sure that a title company held title until payment is completed as I am put a significant amount down on the property. I wanted to make sure that I am not signing the note saying that I waive this right.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Oh Sorry CaliforniaJA: Has any paperwork been filed?Customer: We just opened escrow with a residential purchase agreementJA: Anything else you want the lawyer to know before I connect you?Customer: We just did a seller financing addendum but its not signed yet

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legalgems

Juris Doctorate

17,652 satisfied customers
My husband and I have been separated for 2 years. We are

My husband and I have been separated for 2 years. We are still negotiating divorce terms. He wants to buy a house and is asking for a interspousal deed. The loan would be in his name only. Could i ever be held liable for his loan?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: you mean the separation papers?JA: Anything else you want the lawyer to know before I connect you?Customer: no

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,386 satisfied customers
Do you know the N.C. real estate law, individual mortgagee's

Do you know the N.C. real estate law, individual mortgagee's rights to retake property without having to foreclose the property and go thru the courts?JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: This is N.C. real estate. I have a promissory note and deed of trust. The mortgagor has failed to make the required payments and the balloon payment of getting other financing by 1/1/2017. A demand letter was sent last month and mortgagor has not responded.JA: Has any paperwork been filed?Customer: Not yet -JA: Anything else you want the lawyer to know before I connect you?Customer: not that I can think of right now

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Roger

Litigation Attorney

Doctoral Degree

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My ex-husband was awarded the house and all its taxes,

My ex-husband was awarded the house and all its taxes, ...related to the home. My concern is that my name is ***** ***** the title. I have asked him to refinance to get my name off as it is negatively affecting my credit. He states he has tried but runs into blocks. The main issue is to get me to sign over the title to him as full owner. Here is the question. The decree states that upon sale of the house I am to receive a dollar amount. My fear is that I will never see that because if he dies then whose to say I would get anything? I think maybe it's in my best interest that if he did pass I would still be on the title and have full ownership. Is this correct? I still would like to get my name off the title but find a way to either go back and adjust the decree to read I get the agreed upon amount upon his death or sale of the home, whichever comes first. Help????JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: AZJA: Is the employment agreement "at will," union, full time or part time?Customer: I now am remarried and live in PA. Divorce was in 2012JA: Anything else you want the lawyer to know before I connect you?Customer: That's all

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,386 satisfied customers
I'm listed as one of the parties as a trustor on a deed of

I'm listed as one of the parties as a trustor on a deed of trust file by alameda count for work they did on my friends house that I'm on title with. Can I quitclaim off the house with no obligations to the deed of trust

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Attyadvisor

Doctoral Degree

8,386 satisfied customers
I just got papers saying my commercial real estate landlord

I just got papers saying my commercial real estate landlord has a foreclosure hearing on April 20th, wondering when I will get locked out if I will, and when my lease terminatesJA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: NC notice of hearing has been filedJA: Has any paperwork been filed?Customer: notice of hearing, foreclosure of real property under deed of trust in the amount of 750000 to liberty dated 2014 it is my business space and several surrounding businesses that leaseJA: Anything else you want the lawyer to know before I connect you?Customer: I dont think so im a small business Im new to this

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,386 satisfied customers
My HOA has sent my failure to pay dues to collection. Is

My HOA has sent my failure to pay dues to collection. Is there a statue of limitations on how far back they can go?JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Oh sorry. California.JA: Has any paperwork been filed?Customer: Unk. But I did get a registered letter about a month agoJA: Anything else you want the lawyer to know before I connect you?Customer: Just what the statue of limitations is on how far back they can go...Thank you

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legalgems

Juris Doctorate

17,652 satisfied customers
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