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

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has a 1/2 acre of...
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: 6 years ago.Category: Real Estate Law
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1/31/2011
Real Estate Lawyer: Attorney & Mediator, Lawyer replied 6 years ago
Attorney & Mediator
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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 reply replied 6 years ago
I thought this was correct. Can he sell the property to someone?
Customer reply replied 6 years ago
I thought this was correct. Can he sell it to someone?
Real Estate Lawyer: Attorney & Mediator, Lawyer replied 6 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.





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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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