Real Estate

For over thirty years, we have helped people with various types of legal issues dealing with real estate. Here are some of the topics within this category where we can help people with legal challenges, requirements, and issues:

Deeds:

We prepare deeds to transfer ownership of land and property. Details are extremely important, and there is background information that we need to know in order to do this correctly and to prevent you or someone else in the future from encountering serious problems.

Look at our “Real Estate Intake” form and also our “Medicaid Not Involved” form. We need to have all this information in order to make sure a deed gets prepared correctly.

If you are buying a tract of land and not getting a bank loan, decide whether to have a title examination performed. We ALWAYS recommend having a title examination and obtaining a policy of title insurance. The cost is less than you might think in order to have piece of mind and protection in the event a covered problem arises in the future.


Mortgages (private, and through banks):

From purchasing a tract of land or a home to refinancing a personal residence or vacation home, we can facilitate these transactions to ensure the entire process is completed in a timely and legal manner.

There are a variety of prerequisites that must be completed before a lending institution will loan money. Our office helps to take the burden of meeting these requirements off of you as the client to make the closing process as painless as possible

We also prepare documents in the event a lending institution is not involved in the lending process. These mortgages are called private mortgages. It is important to note that a variety of documents need to be prepared to ensure a private mortgage is properly secured. We can assist in making sure that private mortgages are properly secured and completed.


 Foreclosures:

A complicated and detailed process is required before a legal foreclosure proceeding and sale can be completed. Numerous pitfalls are regularly encountered during the foreclosure process. Our office represents clients in regard to all aspects of a foreclosure and throughout the course of the foreclosure.

The law office of Little and Lattimore, P.A. represents a variety of clients concerning foreclosures ranging from financial institutions foreclosing upon a Promissory Note and Deed of Trust, to private individuals foreclosing upon a Promissory Note and Deed of Trust used as a seller-financing tool, and to private individuals that are unjustly being foreclosed upon. Our office can ensure the foreclosure process is promptly and thoroughly completed in a legal manner.


Easements and Driveway disputes:

North Carolina differs from many states in that a tract of land can potentially be “landlocked.” However, there are a variety of legal theories that can be used to assist in the pursuit of legally gaining access to your property.

Many times finding solutions to easements and driveway disputes can be resolved simply by way of a title search. Such a search may confirm or deny the legal documentation and recordation of any easement or driveway, and can resolve a potential problem prior to civil litigation. However, on some occasions, the only way to truly resolve an easement or driveway dispute is in the form of civil litigation. Our office has years of experience in handling litigation of this nature.


Joint Ownership problems:

If you and several others inherited a tract of property but now there are problems, you are not stuck forever. Depending on several factors (such as the size and location of the property, whether there is a house or other structure on it, and the number of joint owners), you can either petition the court to either:

(1) divide the property into pieces so that each joint owner can own a piece in his or her own separate name. The value of each new piece must correspond to the total value in the same percentage that each joint owner had in the whole original tract.

OR

(2) sell the whole tract and divide the net proceeds among the joint owners according to their percentage of ownership, if the land cannot be divided into pieces in a fair manner.

The law strongly favors actually dividing (called “partitioning”) the land when it is possible to do so fairly to all joint owners.


Boundary disputes:

Has your neighbor cut trees that you believe are on your side of the boundary? Does his driveway or well/septic system or yard encroach on your side of the line? Is there another significant dispute with a neighbor about the location of the boundary that divides your property from the neighbor? Don’t put off a dispute of this nature! The longer you wait, the more difficult the case becomes.

Gather these documents and bring them to meet with us to review the issues:

(1) Your deed for your land

(2) A recent county tax bill or notice regarding your land

(3) A survey of your land, if one exists

(4) Your title insurance policy, if you got one when you bought your land

(5) A copy of the deed for the adjoining property

 (6) A computer print-out from the county tax office of the adjoining land that shows both the county tax PIN number and the deed reference

 (7) Photographs that show the area in dispute. (Make sure the date is written on the back of the picture of when it was taken.)


Liens against property:

In the event that you have been contracted to perform work on a piece of real property and you have not been paid, the most effective way to ensure payment is to place a claim of lien on such property. There is a hard and fast statutory time line that must be followed in order to properly file a claim of lien on real property. In the event that the statutory time line is not followed, a claim of lien will be deemed to be ineffective. As a result, time is of the essence in regard to filing a claim of lien on real property.

Gather this information and these documents and bring them to meet with us for review:

(1) The written contract (if any) for the performance of the unpaid labor and/or materials

(2) The tax parcel identification number of the property for which labor and/or materials were provided

(3) Unpaid invoices for labor and materials

(4) Amount due under the contract for labor and/or materials

(5) The last date for which work was completed on the relevant project

(6) Any other pertinent information relevant to the performance of the contract


Issues regarding Ownership of Land:

Does the owner of the adjoining land claim that he owns part of your land? Do you believe your property includes some of the land the adjoining owner claims and maintains?

These situations require a careful examination of the chain of title for your property and the chain of title for the adjoining property. The scrutiny is very technical and all details are extremely important.

Gather these documents and bring them to meet with us to review the issues:

(1) Your deed for your land

(2) A recent county tax bill or notice regarding your land

(3) A survey of your land, if one exists

(4) Your title insurance policy, if you got one when you bought your land

(5) A copy of the deed for the adjoining property

(6) A computer print-out from the county tax office of the adjoining land that shows both the county tax PIN number and the deed reference