October 2010

Can My Tenant Withhold Rent?

October 10, 2010

This question trips up landlords, attorneys and even judges from time to time. The short answer is a resounding NO. North Carolina statute N.C.G.S. 42-44(c) provides that “The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.” This begs the question, “when can a judge determine a […]

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Big Changes to Lease Backs for Sellers in Default!

October 1, 2010

The second major change for property owner’s in the Homeowner and Homebuyer Protection Act(“the Act”), effective October 1, 2010, affects foreclosure rescues. Below I explain how to comply with the Act and avoid trouble if you engage in these deals. What does the Act consider a foreclosure rescue? A rescue is a sale of real […]

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