Margaret Agnes Palms’s Answers

Margaret Agnes Palms

Boone Foreclosure Attorney.

Contributor Level 4
  1. Can someone give you a house and then take the house back twenty years later?

    Answered 21 days ago.

    1. Margaret Agnes Palms
    2. James Robert Faucher
    2 lawyer answers

    "Telling everyone" doesn't constitute any type of legal right to property ownership. All transactions and records regarding ownership of real estate must be in writing. If the deed at the courthouse says you own the house, then you own the house. Your mother could conceivably bring an abandonment action in court, but since you keep possessions there, visit there occasionally, and have no intention of surrendering ownership, there would be no basis for her to have any claim to the property....

    Selected as best answer

  2. When buying property who pays surveying and closing costs, buyer or seller?

    Answered about 14 hours ago.

    1. Margaret Agnes Palms
    1 lawyer answer

    Per the standard North Carolina Real Estate Purchase and Sale Contract (used by NC Realtors and Attorneys) the Buyer would pay for the survey, if the buyer desires to have one. The contact also outlines other closing costs typically paid by each party. However this isn't set in stone, and buyer and seller can always negotiate who pays what at closing. If you are buying the property, the closing attorney will represent your interests, so he/she can ensure that you're getting good title. It is...

    4 lawyers agreed with this answer

  3. Ex let house go into foreclosure; house is now sold. Can I sue him for what I should have received in proceeds from the house?

    Answered 27 days ago.

    1. Margaret Agnes Palms
    2. Amber Stewart Billick
    3. Kim Christian DSouza
    3 lawyer answers

    This appears to be both a foreclosure question and a divorce/family law question. One point is that if your house sold before the foreclosure took place (hence the dispute about proceeds) then a foreclosure shouldn't be showing up on your credit report. If it is being reported as a foreclosure rather than just the missed payments due to your ex's not paying, it would be good to dispute the negative rating with the credit bureaus. The bank was likely paid in full at closing, so they should...

    3 lawyers agreed with this answer

  4. Deed transfer: what records do I need for attorney who will be preparing deed transfer to family member?

    Answered 3 days ago.

    1. Kenneth Love Jr.
    2. Margaret Agnes Palms
    2 lawyer answers

    The good news is that the attorney can pull most of the information he/she will need from the county records. The preliminary documents can usually be found online by the attorney's office. You 're smart to go through an attorney to do the transfer. Any time you transfer title you should have the title carefully inspected to be sure it is free and clear from any encumbrances. Just because it's a family member doesn't mean you should skip this step. Locate any records, such as the original...

    2 lawyers agreed with this answer

  5. What are the deficiency laws in NC?

    Answered 6 days ago.

    1. Margaret Agnes Palms
    2. Sean Thomas Dillenbeck
    3. Lynn Ellen Coleman
    4. Chae A. Dupont
    4 lawyer answers

    Ms. Dupont is correct, you should definitely look into other options. These days with so many good programs, just waiting for the clock to tick away until they sell your home is unnecessary and will be devastating on your credit report, not to mention the danger of a deficiency judgment following you for years. If you can't afford to stay in your home through a HAMP loan modification (these can be rare) you're much better off with either a short sale or a Deed in Lieu (give it back to the bank...

    2 lawyers agreed with this answer

  6. What are risks for owner, in owner-financed Deed in lieu of Foreclosure mortgage on manufactured home in NC?

    Answered 7 days ago.

    1. Kenneth Love Jr.
    2. Margaret Agnes Palms
    3. Michael Chase Wells
    3 lawyer answers

    I think your terminology is a bit off, but at this point, I believe your question is about whether or not you should enter into a seller financed sale (acting like the bank). Seller financing is often a good strategy, especially for a home that is difficult to sell or get financing for. This looks like a good down payment, and the interest rate is probably better than you would get if you put it into the bank (although seller financing notes usually bring higher mortgage rates). So you would...

    1 lawyer agreed with this answer

  7. The sale value of our home is upside down. On a Chp.7, where the mtg. is NOT reaffirmed, are we liable for sale deficit?

    Answered about 1 month ago.

    1. Bruce Clifford Fett
    2. Margaret Agnes Palms
    3. Cheryl Rivera Smith
    3 lawyer answers

    So sorry to hear about your troubles. The Chapter 7 would most likely clear out all your debt on the property, but do you really need to go that far? There are other options if the mortgage is your only debt problem. You could try a short sale or deed in lieu, but be sure to get a competent attorney to advise review any documents you sign for either option. If you do decide to file Chapter 7, Greentree will be prohibited from contacting you as soon as you file the bankruptcy petition. Best...

    1 lawyer agreed with this answer

  8. I have recently been served papers for a credit card debt, and am not sure what to do next.

    Answered about 1 year ago.

    1. Lynn Ellen Coleman
    2. Paige C. Kurtz
    3. Margaret Agnes Palms
    4. Philip Anthony Fabiano
    4 lawyer answers

    You should be sure to "answer" the lawsuit within the required time or be subject to a default judgment. Your answer doesn't have to be complicated or expensive, but should indicate that you dispute the debt. Be sure to file your response with the Clerk of Court asap, send a file stamped copy to the address of the creditor and keep a copy for yourself. After that is done you should have time to attempt settlement with the creditor, but the lawsuit won't go away until it's settled. This is...

    1 lawyer agreed with this answer

  9. How do I proceed?

    Answered 7 days ago.

    1. Margaret Agnes Palms
    2. Bennett James Wills
    2 lawyer answers

    Since the amount claimed is under $5000, you can take the case to small claims court. It is considerably less expensive and more informal that district or superior court, and you can go without an attorney if you can't afford one. You will need to have the landlord's address so she can be served by the sheriff. Have your hard evidence ready (cancelled checks, cash receipts, etc.) you will need some way to prove your story to the magistrate. She may likely show up and have a different story to...

  10. What type of lawyer do I need?

    Answered 30 days ago.

    1. Charles Christopher Adkins
    2. Margaret Agnes Palms
    3. Douglas E. Portnoy
    3 lawyer answers

    This is outrageous, but it's fortunate that you are finding out now instead of in a foreclosure proceeding or a surprise when you're trying to sell your house. Now is the time to handle this, though it may take some time to wind through the lender's shenanigans. A lot of real estate attorneys only handle closings, so you will need one that also handles litigation. This could get expensive since these litigators usually handle complex real estate disputes where there is a lot of money at stake,...