Mar 19, 2021 | Real Estate Law |
By Ryan McNeill, Attorney The housing and real estate market has seen significant increases in sales since the start of the new year. Buyers are looking to take advantage of low-interest rates and sellers are enjoying historic high sales prices. This high volume of activity means Realtors, mortgage lenders, and real estate attorneys are all working hard to keep the buying/selling process moving. One of the necessary tasks that must be completed prior to closing is a title search. This search protects the buyer and lender. Here are answers to some frequently asked questions when it comes to real estate title searches. Q: What is the importance of a real estate title search? A: Real estate transactions involve large dollar amounts. As a buyer, you want to do everything possible to protect yourself and your investment. in these types of transactions. Here are five reasons you should have a title examination: Need to identify whether there are existing deeds of trust, judgment liens, tax liens, past due county taxes, or other liens of record that interfere with a purchaser getting a clear title for the property.Need to identify whether the seller is competent to transfer title or contract for the sale of the property.Need to identify whether there is a homeowners’ association and whether there are dues or potential obligations or restrictions that may arise with the ownership of the property.May assist in determining whether there is a need to get a new survey, for the property to be accurately identified in the purchaser’s deed.Determines who the parties are that need to join in the execution of a deed...
Mar 16, 2021 | Real Estate Law |
By Ryan McNeill, Attorney As eClosings become more and more routine, there are a few things you should keep in mind: Does my loan officer offer eClosings? As a first-time buyer or experienced buyer, you should ask if your lender offers eClosings as an option. There are three common types of eClosings: Hybrid eClosing – a combination of signing documents with the use of “wet” (pen) and digital signatures in the physical presence of a notary.Remote Online Notarization (RON) – signing documents electronically with the use of audio and video technology without the physical presence of a notary.In-Person Electronic Notarization (IPEN) – signing documents electronically in the physical presence of a notary. While the pandemic and social distancing have only heightened the need for eClosings, there are institutions that still require the traditional physical presence of a notary. Research what works best for you. 2. eNotary Solution Providers An electronic closing on a real estate transaction in North Carolina requires your signature be notarized. All signatures notarized must be done so through a North Carolina approved Electronic Notary Solution Provider. Before you start the closing process it is important to know which electronic notary platforms are approved in North Carolina. According to the North Carolina Secretary of State’s website, “All electronic notarization solutions including electronic signatures and seals may only be obtained from the Electronic Notary Solution Providers authorized by the N.C. Department of Secretary of State.” For a full list of eNotary solution providers authorized in North Carolina click here. 3. Showing Proof of Identity Positive identification is still required for all electronic certified acts. According to the...
Feb 11, 2021 | Business Law |
By Drew Nelson, Attorney The Davidson County Tax Assessor’s Office is currently performing property revaluation in 2021. The current schedule in Davidson County for revaluation of property is every six years, with the last one being completed in 2015. This can vary by county with other jurisdictions typically performing revaluations every four to eight years. Notices from the Davidson County Tax Assessor will be mailed out starting in January and will be entitled “Notice of Real Estate Assessed Value”. The Notice will state the assessed value, any deferred value, and the taxable value. It will also give a summary of the legal description used to identify your property as well as the Parcel Identification number used by the county. Currently, the base tax rate for Davidson County is 0.5400 per $100 value. This does not include tax rates for the city or any other assessments for local authorities. The Notice of Real Estate Assessed Value permits for the filing of an informal appeal if you disagree with the value of your property, whether it be appraised at more than the fair market value or less than the fair market value. However, the appeal must be timely filed – within 30 days of receipt of the Notice. An informal appeal process is started by completing the appeal form at the bottom of the Notice and returning it to the Davidson County Tax Assessor. You must state the reason of your appeal on the form. You may not appeal the value based on (1) the percentage increase over the previous value, (2) your personal opinion of the value, (3) your financial...
Nov 23, 2020 | Employment Law |
By David Inabinett, Attorney Notify employer of work injury A. Submit a written accident report to your employer no later than 30 days from the date of the accident. B. If unable to complete the written report, notify the employer verbally and complete the written report as soon as possible. C. Be sure to give as much detail as possible about the injury like what you were doing, where you were working, tools being used, who you were working with, supervisor’s name, if machinery malfunctioned, etc. D. Make sure to tell your employer the names of all witnesses to your injury to ensure the witnesses are asked to complete a written witness statement about what they saw/heard happen, along with their full names and addresses. E. Try to take your own pictures of the place of accident/injury (if you are able). If not ask your employer (or a fellow employee) to take photos of the injury and the accident scene. IMPORTANT: Specifically make note if any employer-owned machinery or tools were defective, which led to the accident. 2. Seek treatment immediately A. Have your employer implement immediate first aid; seek immediate emergency care as needed. B. If you need further medical care, ask your employer which doctor you should see. Most employers will have a list of medical providers that are approved by their workers’ compensation insurance carrier. Most employers will require that you seek treatment at these approved providers for urgent care, ortho, etc. If you do not, then the workers’ compensation insurance carrier will likely not pay for these medical costs. C. Seek outside treatment only if necessary...
Oct 21, 2020 | Estate Planning |
By E. Drew Nelson, Attorney From the preparation of a simple will and power of attorney to complex trust planning, most people understand the importance of at least some level of estate planning to ensure their wishes are observed upon their death. Each individual’s needs may be different, however, one common thread that links most people in this modern society is the use and control of digital media and assets. There are almost 1.7 billion Facebook users now, 2 billion YouTube users, and just under 1 billion Instagram users globally. Most people have used the internet to access some form of account or transaction from online banking to amazon.com purchases. Our population is only becoming more tied to a digital presence as new generations begin to grow up not knowing life before the internet. In the past, people preserved memories in photo albums; now those may be online on Instagram, Pinterest, or in a Facebook photo album. Daily transactions have also shifted into the digital realm. Online banking now is standard, and where once you had to go stand in line at your local branch, many transactions from depositing funds to securing a loan can be accomplished online. The importance of the rise of the digital world is that upon death it is very unclear what happens to many of these online accounts and digital assets you may possess. There still remains no uniform law regarding the status of digital accounts or assets. Some states have attempted to regulate these assets, but the law is still in its infancy. While state lawmakers try and catch up to the ever-evolving...
Oct 20, 2020 | Just Great Info, News |
By Ryan McNeill, Attorney As we near the end of another year, it is hard to believe that a global pandemic has completely changed the way we interact with our friends, families, and loved ones. One thing that has not changed is the continued commitment and support The Life Center of Davidson County offers to those who need it the most. The Life Center of Davidson County provides quality care for older and impaired adults. Its doors temporarily closed in March 2020 in the wake of the dramatic upheaval brought about by the coronavirus pandemic and the organization paused services for seven weeks to develop a plan to safely serve one of the highest at-risk populations. On May 4, 2020, The Life Center reopened with additional safety protocols that allow them to remain the “home away from home” their clients and caregivers have come to expect. This pandemic has increased the need for caregiver support beyond the doors of The Life Center as people are more socially isolated and financially limited. To expand services during this uncertain time, The Life Center applied for and received CARES Act funding to provide additional support to older and impaired adults and their caregivers. The CARES Act funds can be used for individuals needing day health services as well as for caregiver support. With more families working and schooling from home, the need for respite care for older and impaired adults is increasing. Caregiver support services available are: Assistive and technical devices (Adaptive equipment, animatronic pets, hearing aids and table-type devices for communication); personal protective equipment (Gloves, Clorox wipes, Lysol and hand sanitizer);...
Oct 16, 2020 | Estate Planning |
By William T. Miller, Attorney at Law What if? We do not like to think about the “what ifs” that revolve around our health, but the recent pandemic has brought certain issues surrounding unexpected disability to the forefront. What if I get sick or am severely injured in an accident? Will my family know what to do? Every attorney in the practice knows from experience that planning ahead can avoid a family crisis later. Consider this scenario: You are 50 years old, divorced, or widowed, with grown children in their 20’s and parents in their 70’s. All of a sudden, you become extremely ill, lose consciousness, and are admitted to the hospital. You are not able to make decisions about your medical care, pay your bills, or manage your finances. If you have planned ahead and have the necessary paperwork in place, your family will know your wishes and be able to make decisions on your care and keep your finances straight until you recover. If you have not taken the steps to complete advance directives and powers of attorney, your family members will be placed in the difficult situation of deciding on your care. If you have minor children or care for a loved one with special needs, the situation becomes even more tenuous. Will your parents make decisions for you? Your grown children? A spouse if you are remarried? During an especially stressful time, this can trigger family squabbles or divide the family as they argue over who is in charge of medical decisions and how finances should be handled. Worse yet, their decisions may not reflect...
Sep 26, 2020 | Just Great Info, News |
“Excellence in Practice” – Elder Law, Trusts & Estates David E. Inabinett, Managing Member of Brinkley Walser Stoner, has been selected once again by his peers for inclusion in the 27th edition of The Best Lawyers in America in the fields of Elder Law, and Trusts and Estates. READ MORE Supporting Our Community At the start of 2020, no one could have predicted that the entire world would be in the midst of a global pandemic. Nine months later with mass layoffs, major brands, and companies going out of business, and new rules for interacting socially, there are a lot of things that are uncertain. One thing that is certain is that our community needs our help more than ever. As a law firm, we are committed to championing organizations that uplift and strengthen our local community. To continue doing our part, here are some organizations that we support and that we encourage you to consider supporting also. READ MORE New Appointment for William T. Miller Gov. Roy Cooper has appointed William T. Miller to the North Carolina Council on Developmental Disabilities. The council, which only appoints 40 people, helps support communities to become more inclusive of people with intellectual disabilities (I/DD) and their families. Miller is a Davidson county native and his area of law includes: Estate PlanningSocial SecurityElder LawBusiness LawTraffic/DWIFamily Law National Senior Center Month This year’s theme was chosen to highlight how senior centers deliver vital connections to support older adults in aging well. Preventing social isolation is vital and a core senior center mission. If you are 55+, check out your county or town’s senior...
