South Carolina Real Estate Legal Questions

You will need an Offer to Purchase Contract that is to be signed by all parties to the transaction.  Once you have the signed contract, contact an attorney near your home to assist you with the closing.  SC is an attorney state meaning only an attorney can certify the title to the property.... Read More

Without reading the contract, I would advise you to talk to the realtor about either cancelling the sale, rescinding the contract, or requiring the seller remove the tires at his cost.  If you are past the date to raise issues regarding the inspection, you should be able to rely on the inadequate disclosure that was given you to rescind the contract.  Make sure that you thoroughly document the location of the tires with respect to the boundaries, take pictures, and possibly even have an evaluation done by a hazardous materials expert.   Put everything in writing.  Of course, you should seek an attorney's advice regarding this issue since the contract was not make available to view.   Some states have very strict disclosure laws that may make your task easier.  ... Read More

Who would purchase a parcel of land if they had no legal way to access it?   I think it is safe to say that every state will require that a seller of real estate provide the buyer a means of accessing it.  If that is not done, the state law will almost certainly give the buyer the right to essentially condemn a right of way.... Read More

Generally, one should understand that restrictive covenants are contractual in nature. Without reviewing the covenants your specific question can not be properly answered. I'd suggest you try to work out a payment plan with the HOA. The cost associated with hiring a lawyer to pursue this would be prohibitive. These are your neighbors, and a fair explanation to them should yield a fair response. Good luck,    ... Read More

Your existing mortgage almost certainly has a "due on sale" clause.  That is a clause that says if any interest in the property is sold without first getting a written consent from the lender, the sale is a default under the mortgage and the lender just might foreclose.  Unless you can get such consent, I don't recommend it. If your husband has good credit, perhaps he can purchase the property and accomplish a refinance at the same time.    ... Read More

If you are delinquent for any percentage of your mortgage, that violates the terms of the contract, and the lender has the option to foreclose on the property.  You should consult a local attorney to determine if you have other options. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Each state will have its own specific laws to govern tax sales and the redemption rights that arise from a sale.  I will not attempt to address the specific laws of your state but will try to provide what I think are the main principles that you will find are at play. You will probably find that your "Quitclaim Deed" is nothing more than a conveyance by the State of whatever its interest is -- merely a claim for the taxes that were unpaid.  It is not good title and no title insurance company is likely to insure the title. Ordinarily, the people who lost the property to a tax sale will have a right to redeem the property by paying the back taxes plus some interest and perhaps some penalties.  The most you are likely to recover from your purchase is the interest earned.  Look at it as an investment.  Where else could you earn that much interest in today's market?  There may be others also who will have a right to redeem:  such as the children of deceased owners, mortgage holders, the holders of judgment liens, etc.  The time for redemption may or may not have expired. In order to convert your tax deed into good title, you will probably have to occupy the property for a period of time set by your state without challenge by the prior owner (or others with a right to redeem), and then file an action in court seeking a Quiet Title Order -- that is, an order that declares you to be the owner.  Very few holders of tax deeds are successful in getting this done.  The cost will depend on whether you have opposition in court. By "occupying" the property, I don't mean to suggest you have to physically sit on it.  If it has a house, you can rent it.  If it is vacant land, you can fence it, post it "no trespassing", visit it frequently, etc.  The object is to create an obvious claim to it in the neighborhood.  Your claim must be open and obvious, continuous, exclusive, etc.  You should confer with a good real estate lawyer in your area to learn the specifics about your state's laws pertaining to the purchase of tax sale lands and what you can expect.  A modest conference fee can dispel all these concerns.     ... Read More

Your statement of facts is not altogether clear.  You say you are in an "asset" recovery business but then go on to say that you recover "funds" held by county government agencies that result from tax sales and foreclosure."  Do you recover assets or do you recover funds? If you assist people in recovering their property from tax sales and foreclosures, then you are recovering assets.  I do not understand how funds can remain available after a tax sale or a foreclosure - unless perhaps the property sold for a sum greater than the debt that caused the sale.  Either way, the tasks involved are not within the range of activities that a lawyer will ordinarily be undertaking.  If you are in a small community, it might be difficult to find an attorney that would have some understanding of the process -- no matter how simple it might seem to you.  If you are in a larger city, you might contact the local Bar Association and see if it maintains a referral list.  If so, you should ask for the names of lawyers who practice in the business and/or real estate area.  In addition, the State Bar Association will ordinarily have a referral list pertaining to each county. If none of that works, I recommend that you find a young lawyer who has not been in practice very long, and who is searching for new clients and for ways to expand his business -- and convince him that serving your business needs will be financially rewarding to him.  You may have to teach him the procedures involved.  Most lawyers will have little contact and therefore little expertise with tax sales, foreclosures or other repossession activities.     ... Read More