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Paul Dezso de Holczer

Paul de Holczer’s Answers

106 total

  • Do I need an attorney? Or can any action be taken?

    My husband and I bought a mobile home in 2003. We recently decided to refinance our home for a lower rate. And we discovered the title of the home has never been registered. And the company that owns our loan has no idea where the title of the hom...

    Paul’s Answer

    I agree that you should consult with a real estate attorney immediately.

    If you cannot afford an attorney, you can contact South Carolina Legal Services (SCLS). South Carolina Legal Services provides free legal services in a wide variety of civil (non-criminal) legal matters to eligible low income residents of South Carolina. SCLS is a non-profit corporation, funded by grants from the federally funded Legal Services Corporation, the South Carolina Bar Foundation, local United Ways, state court filing fees, and other federal, state and local funding.

    Spartanburg Office
    Serving: Cherokee, Spartanburg, and Union Counties
    148 E. Main Street
    Spartanburg, SC 29306
    Toll Free: 800.922.8176
    Phone: 864.582.0369
    Fax: 864.582.0302

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  • If heirs property is tied up in a legal lien/default/delinquent taxes,If one of the heirs pays the fees,do they obtain sole ownr

    Property was seized, my Father signed agreement of $50k fine, but passed away b4 retrieving; the county still holds the deed, but the heirs have not come t'gether on retrieving; the county has now petitioned the court to sell the property to colle...

    Paul’s Answer

    "Question: if one of the heirs pays this, does that give them sole ownership to the deed?"

    Just as the payment of taxes by one heir does not entitle that heir to ownership and cause the other heirs to forfeit their ownership interests, the payment of deliquent taxes and penalties by one heir does not entitle that heir to ownership and cause the other heirs to forfeit their ownership interests.

    There are ways for an heir to quiet title and obtain ownership -- Attorney Talbert addresses this. You should speak with an attorney about this before investing any money in this matter. There is no point in wasting your money on a procedure when other, more profitable strategies might be available to you. Best Wishes!

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  • Do I need a real estate lawyer?

    I am divorced. My ex husband and I bought a house. The loan is in my name but the deed to the house is in both names. I want the loan and the house out of my name. He was court ordered to make the payments. I'm newly engaged and want to buy a ho...

    Paul’s Answer

    You may want to contact a domestic or family law attorney first to see if that can or should be resolved in the Family Court. Otherwise, it might be possible to have a real estate attorney handle it.

    Best Wishes!

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  • Hello, Does my mother owe money to her step mother for a house that the step mother had life time rights too?

    My grandfather remarried in 82, passed in 93 and willed his house to my Mother, but gave life time rights to his second wife. now 33 yrs later she is unable to life on her own and has moved out of the house. My Mother is trying to get a quit deed ...

    Paul’s Answer

    Your mother probably does not owe any money; however, she cannot do much as long as the life estate exists.

    She could buy her stepmother's life estate to end the life estate.

    If her stepmother's children appear to be damaging the house or property, your mother can bring a civil suit to prevent them from doing so -- that is illegal. Your mother may want to speak with an attorney sooner rather than later if that seems likely.

    Best Wishes to you.

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  • What is the time limit for legal fees added to a homeowners association fee?

    Receive a notice from Attorney for Legal fees for Homeowners dues that were owed in January 2015 Letter dated May 27, 2015 if paid today would we have to pay attorney's fees ( or would we have 30 days from when the letter was received) ? Home is l...

    Paul’s Answer

    You should refer to the HOA bylaws or call the HOA attorney.

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  • Bought new home wasn't disclosed there was a pond behind property. after rain today it is overflowing and flooding our propert.

    town engineer said big drain in pond never will overflow builder put a berm today it is coming thru the berm and there r 3 fast running streams flooding property. we bought prop on 9/3/14 lived in fl was all trees never knew was a pond behind prop...

    Paul’s Answer

    This is a serious problem for you but there are solutions and you can probably be helped.
    That there is a pond on an adjacent property is not your problem.
    That the pond was not disclosed to you is not your problem.
    That the town engineer thought the pond would work is not necessarily your problem.

    Your problem is that the pond DOES overflow and floods your property.

    If the previous owners knew that and did not disclose that, that will likely be a problem for them.
    If the adjacent owner has been negligent in building or maintaining the pond, that will likely be a problem for him.
    If an engineer designed that pond and its features, that that will likely be a problem for him -- if the pond and its features were built as he designed it.
    If a contractor built that pond and its features, and did not adhere to the engineer's plans, that that will likely be a problem for him.

    There are other matters to consider:
    Did the flooding damage your property, and, if so, what property of yours was damaged (real property or personal property or both)?
    How was your property damaged?
    Is the adjacent landowner taking steps to correct the problem?
    Has the flooding happened before?
    How often has the flooding happened before?
    Who knew of the prior flooding?
    What steps did anyone take to deal with the prior flooding?
    Who has seen the flooding before you owned the property?
    Who has seen the flooding since you have owned the property?
    EXACTLY where is the water coming from?

    If the adjacent landowner with the pond does not correct the problem, every time your property floods may be a new incident for which you may be able to file suit.

    If this problem has occurred more than once, and is likely to reoccur, you need to keep a detailed diary of every time your property floods. For each incident of flooding, take many photos from many angles. If you take a close-up photo of the ground, make sure you take note of when the photo was made, where the photo was made and from which direction. Photos of flooding with no landmark as a point of reference are not very useful. Document every problem with the flooding by notes and photos and bills for services and supplies required to deal with the flooding. Document any personal property ruined by the flooding.

    Take your diary, notes, photos, etc. with you when you see your attorney.

    Since you only recently closed on your property, the chances of a successful recovery for your damages is probably very good.

    Best Wishes!

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  • Can my neighbor put up ugly property markers....that I am not sure are accurate?

    I recently purchased a house way out in the country. The neighbor introduced himself to me and said the prior owner was awful and was glad to see I was making it look nicer. Last week I noticed little wooden stakes with pink ribbons tied on top g...

    Paul’s Answer

    Your neighbor has every right to pin his property boundaries -- as do you. If you think he is claiming some of your property, you can have your own surveyor confirm the boundaries.

    If the pins are NOT correct, you can ask him to correct the pins or you can retain an attorney to help you.

    The local police will likely refrain from intervening in this dispute if you or he were to file trespass actions against one another. Law enforcement will deem this a civil dispute unless there is a threat of violence, actual violence or property destruction.

    If you find the pins unsightly, but they are correct, you can ask him to use more attractive pins or you can offer to pay him to use something more attractive.

    Tread carefully here because neighbor disputes historically can get ugly very fast and have led to unnecessary and irredeemable acts of violence.

    Best Wishes!

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  • Can you PLEASE give me advice on a letter that I received about my dog.

    I received a letter that I had to get rid of my dog or face eviction. My wife and I has lived here for 4yrs. and when we renewed our lease they put in that my dog was not allowed. But on prior leases there was no mention about my dog. When we ren...

    Paul’s Answer

    You likely qualify for assistance from South Carolina Legal Services (SCLS). South Carolina Legal Services (SCLS) provides free legal services in a wide variety of civil (non-criminal) legal matters to eligible low income residents of South Carolina.

    There is a Spartanburg Office:
    South Carolina Legal Services
    148 E. Main Street
    Spartanburg, SC 29306
    Toll Free: 800.922.8176
    Phone: 864.582.0369
    Fax: 864.582.0302

    If anything can be done for your situation, it is likely that SCLS can help you. As another attorney wrote, if you dog is a service animal meeting certain qualifications, then you may be eligible for relief under the Americans with Disabilities Act or other similar laws.

    Best Wishes to you!

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  • Builder completed building the house. I have certificate of occupancy already. Can I move in without closing the house?

    House is completed, passed all final inspection from county and bank appraiser. I have certificate of occupancy. Builder wants to overcharge me at house closing. He wants me to disperse the overcharged building cost and sign documents to giving up...

    Paul’s Answer

    You need to see a local attorney as soon as possible because this is probably not something you will be able to handle on your own. Best Wishes!

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  • Can a waiver be revoked?

    Nine brothers and sisters inherited lands from their parents who passed away. All nine brothers and sisters have also now passed away leaving the properties to all of their children. I am one of the children and I pay the taxes and maintain the pr...

    Paul’s Answer

    I like Lawrence Laddaga's answer to this question. If you and your family are having difficulty hiring an attorney, you might want to contact The Center for Heirs’ Property Preservation. This Center was established to help people in your family's situation.

    Best Wishes to you in grappling with this difficult propblem!

    Phone: 843-745-7055
    Toll Free: 1-866-657-2676
    The Center for Heirs’ Property Preservation
    1535 Sam Rittenberg Boulevard--Suite D
    Charleston, SC 29407

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