Cannot get deed from lady we purchased our house from

UPDATED: Sep 30, 2022

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Cannot get deed from lady we purchased our house from

We entered into a contract with a lady who no longer wanted her house. She put
our names husband and I on her loan, and we finished off the payments. I know,
not the smartest way to buy a house, but here we are.

The deed is sitting down at the state office, and we have been asking her for
months to get and transfer it. She lives about two hours away and says she will
come get it when she feels like it. We offered to pick her up and drop her off to
no avail. We asked her to get homeowners insurance on the house, that we will pay
it, but she refuses.

What legal recourse do we have?

Asked on June 18, 2017 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can bring a lawsuit in chancery court (a part or division of county court) seeking a court order requiring her to turn the deed over to you and to do whatever it takes to transfer title to your name. You would need to prove the existence and terms of the contract to buy her house and that you make all the payments due under it. The court has the power to order her to turn the property over to you. Actions in chancery and lawsuits seeking court orders (not just monetary damage, like money owed under an unpaid bill or invoice) are more complex than the typical small claims case filed by a non-lawyer: you are strongly advised to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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