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Do I have a case? Buys brother out of inherited property, stuck with his judgement (NC/USA)

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So long story short, my parents passed away several years ago but there was a piece of land that fell to my brother and I, we have not been on speaking terms for a long time, and he did not want to sell it so I let it go, though I still paid the property taxes on it every year. Recently he found himself in some financial trouble and reached out wanting to sell, he offered to sell me his share for $2500 so he could get out.

Great we agreed, transferred the deed to my name, and I began the process of selling it. Now, a few months later, I have a buyer, agreed on a price ($10K) and as we are going through the process of transferring the title I found out that my brother had a judgement against him of nearly $6k that was put on the property. So after closing cost and everything, Im going to be lucky to get the $2500 I paid him back, while he walks away with $2500 and I paid his debt.

Do I have a case here if I took him to small claims court to get the 6k in his judgement, or is this just a case of me not being smart enough to do a title search and see the lein? Frankly I dont care about the money, I do not believe I would ever get the 6K, I feel like I got conned. and at the very least if I can put that debt back on him then I would feel better.

Any help or advice would be appreciated.

EDIT: Let me also add that my brother is a deadbeat, Im not sure that he has a job currently and I know he has no money, would taking him to court be worth the hassle?
 


Zigner

Senior Member, Non-Attorney
EDIT: Let me also add that my brother is a deadbeat, Im not sure that he has a job currently and I know he has no money, would taking him to court be worth the hassle?
If he's got no money then how could he pay you anything?
 
Wage garnishment if he does have a job? Creditor? Honestly I dont know, I feel like I was scammed so I just looking for any recourse or if I should just cut my losses and move on. I have never had anything like this happen before.
 
How long ago was the lien placed on the property?

There are two, one a small one of $300 put on July 2016, the other one a much larger ($5200) one put on 8/26/2018, I bought him out of his share in October, now I know why. I just thought he needed money so I was trying to help.
 

quincy

Senior Member
There are two, one a small one of $300 put on July 2016, the other one a much larger ($5200) one put on 8/26/2018, I bought him out of his share in October, now I know why. I just thought he needed money so I was trying to help.
Thank you for providing that information.

A judgment lien in North Carolina has a 10-year life and a new lawsuit must be filed to extend the time. This apparently is not an issue for the liens on your property, however.

I am not sure if it matters who holds the judgment lien. Offhand I can see no reason that would prevent you from suing your brother and levying his bank account(s) or garnishing his wages in an attempt to satisfy any judgment you are granted against him. Garnishment of wages is not an available remedy for all debts in North Carolina so you will need to see if this is an option.

You can consult with a North Carolina attorney for advice and direction.

I am sorry you were entangled in the legal mess your brother created. Good luck.
 
And to everyone that reads this thread, this is why you should always have a title search done on a real property purchase. No matter who you are purchasing from.

I fully second that, I had done a title search a couple years ago and the small lein had come up, I thought this was from my mom, I never thought to do a second one.
 
Thank you for providing that information.

A judgment lien in North Carolina has a 10-year life and a new lawsuit must be filed to extend the time. This apparently is not an issue for the liens on your property, however.

I am not sure if it matters who holds the judgment lien. Offhand I can see no reason that would prevent you from suing your brother and levying his bank account(s) or garnishing his wages in an attempt to satisfy any judgment you are granted against him. Garnishment of wages is not an available remedy for all debts in North Carolina so you will need to see if this is an option.

You can consult with a North Carolina attorney for advice and direction.

I am sorry you were entangled in the legal mess your brother created. Good luck.

I very much appreciate that Quincy!
 
Good luck with the property sale and any lawsuit you decide to pursue against your brother.

Thank you! Obviously Im going to reach out to an attorney, but in your opinion, I have a case right? Im still trying to find the paperwork we all signed to move the deed in my name, could it be tossed out because of that? I just dont want to waste more time and more money only to lose because of that.
 

Zigner

Senior Member, Non-Attorney
Thank you! Obviously Im going to reach out to an attorney, but in your opinion, I have a case right? Im still trying to find the paperwork we all signed to move the deed in my name, could it be tossed out because of that? I just dont want to waste more time and more money only to lose because of that.
It's not clear at all that you have any sort of case. Presumably, you purchased the property with all encumbrances. In any case, even if you have a case, you probably won't ever see a penny if you win. The court doesn't collect for you.
 

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