By Jason M. Peltz[1] North Carolina needs its own permanent Remote Online Notarization (“RON”) legislation. By implementing carefully drafted RON legislation, similar to what was contained in the original House Bill 776 (H776) with suggested critical modifications by a stakeholder group (more below)[2], North Carolina will not only meet current demands in an increasingly technology-based […]
By Christina Freeman Pearsall Dear Real Property Section: The Real Property Section Council continues to work diligently on behalf of the section. Below is a summary of those efforts, as reported in our last Council meeting on February 8, 2022. Return to the Vault Program I, personally, am very excited about this new section program. […]
By Margaret Shea Burnham [1] The Corporate Transparency Act of 2019 (“CTA”)[2] was enacted January 1, 2021, as part of the Anti-Money Laundering Act of 2020 (“AMLA”), which is part of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”).[3] This article contains highlights[4] of the CTA, an outlook of regulations to come, and […]
By Christina Pearsall Dear Real Property Section: It is my honor to serve as Chair of the NCBA Real Property Section for the 2021-2022 fiscal year. Also serving on the Executive Committee are Vice-Chair Lindsay Parris Thompson of The Van Winkle Law Firm in Asheville, Secretary-Treasurer Matt Waters of Jordan Price in Raleigh and Immediate […]
By James W. Narron and Taylor Avioli Once upon a time there was abroad in the east a rogue with a tax scheme: set up a North Carolina nonprofit corporation, with the word, “Conservation,” in the name, have one-page minutes naming prominent folks like judges as directors, and file the same away. Not only would […]
By Brian W. Byrd I hope this message finds each of you well and enjoying professional fulfillment in your law practice. I expect that many of us would say that the prior year has been among one of the most unusual, and perhaps trying, of our lifetimes. Although probably not at the top of our […]
By Peter U. Kanipe The real estate market has not only completed its comeback, but it has also seen property sales hitting record highs in many markets. And with this uptick in sales comes a more aggressive and potentially risky type of transaction known as “flipping.” A flip transaction is when a real estate investor […]
By Margaret Shea Burnam What we learned in 2020 was to expect the unexpected. Prior to February of 2020, who would have predicted the impact of a pandemic in general, let alone COVID-19 in particular, when drafting commercial real estate purchase contracts? Likewise, who would have predicted the impact of COVID-19 on due diligence, loan […]
By Parks Noyes I. Introduction Equitable subrogation as a remedy has been an established common law doctrine in the United States for over a century.[i] Recognized as a “legal fiction,” equitable subrogation arises in situations “whereby an obligation, extinguished by a payment made by a third [party], is treated as still subsisting for the benefit […]
By Ketan Soni What You Need to Know About the New Community Platform This year, the NCBA has switched to a new online community platform. This new community platform for Sections, Divisions and Councils offers many more features than the previous system. Below is a summary of the basics and what you need to know […]