Annual Meeting Report from the Real Property Section Chair

Dear Real Property Section: We had a wonderful time in Asheville at our Real Property Section Annual Meeting and CLE! It was our first in-person meeting in…

North Carolina and North Carolina Attorneys Need RON – Now

North Carolina needs its own permanent Remote Online Notarization (“RON”) legislation. By implementing carefully drafted RON legislation, similar to what…

February Update from the Real Property Section Chair

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…

The New Corporate Transparency Act and Its Potential Impact on North Carolina Commercial Real Estate Attorneys

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…

Update from the Real Property Section Chair

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…

When You Do Not Know What You Do Not Know: Are There Certain Interests Not Foreclosed In a Tax Foreclosure?

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…

Legislative Update

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…

Why You Don’t Want to Close the “Instant Flip”

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…

COVID-19 Checklist – Issues to Consider for Commercial Real Estate Purchase Contracts and Closings

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…

Note: Consistency is Key: The Court of Appeals of North Carolina Extends Equitable Subrogation in Real Estate Purchase Transactions in U.S. Bank Nat’l Ass’n v. Estate of Wood

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…