Discussion Board Forum 1

Topics: Property, Property law, Law Pages: 3 (837 words) Published: April 4, 2013
Discussion Board Forum 3
Harriet Sanders
Liberty University

Barney is dealing with several legal issues involving his property in this case. As a spiritual friend and attorney of Barney, I will advise him of his legal rights and obligations regarding his property. Then, I will remind Barney not to make any sudden decisions before asking God for assistance. James 5:11 (English Standard Version) states, “Behold, we consider those blessed who remained steadfast. You have heard of the steadfastness of Job, and you have seen the purpose of the Lord, how the Lord is compassionate and merciful”. The lord wants us to search for his kingdom first, and then all things will be added according to his riches and glory. Looking at the first issue from a legal perspective, the problem involves a joint tenancy with right of survivorship. According to Segal (1998), “Pursuant to this right, upon death of one of the joint tenants, the interest held by the tenant passes to the remaining joint tenants without having to undergo probate”. However; there is another underlining issue with this property. Opie, Andy son, apparently took a loan out against the interest of his share of the property and defaulted. The bank is trying to foreclose on the property.

Before this can take place I will advise Barney that he abandoned the property for at least 20 years and other legal action may occur. However; according to Klien (1986), “In joint tenancy, property goes to the other owners automatically, regardless of what is stated in a will”. Creditors can only require repayment from the tenant share that is borrowing against the property. Barney property will be protected regardless of Opie’s past actions. The second issue with this property is complicated due to Barney’s absence at the property.

The adverse possession of real property law may not be in Barney’s favor because he left it unattended for over 20 years. According to Drayton (2006), “ Under the North Carolina law, an...
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