North Carolina Lawyers Weekly
Statute of Repose - Tort Claims Act - Building Permits
Tagged with: Real Property Statute of Repose Tort Claims Act
Read More »Home (page 35)
Real Property – Warranty Deed – Encumbrance – Buyer’s Knowledge – Ordinance Violation – Riparian Buffer
War Eagle, Inc. v. Belair. (Lawyers Weekly No. 10-07-0546, 12 pp.) (James A. Wynn Jr., J.) Appealed from Catawba County Superior Court. (Yvonne Mims Evans, J.) N.C. App. Holding: Even though the plaintiff-buyer knew that the defendant-sellers had built a ...
Tagged with: Real Property
Read More »Municipal – Real Property – County Land Purchase – Civil Practice – Judgment on the Pleadings – Attached Exhibits – Purchase Price – Financing
Reese v. Mecklenburg County. (Lawyers Weekly No. 10-07-0550, 33 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court. (W. David Lee, J.) N.C. App. Holding: Where the complaint refers to the Mecklenburg County Commission’s decision to sell a ...
Tagged with: Civil Practice Financing Judgments Municipal municipal law Real Property
Read More »Prior knowledge of encumbrance was irrelevant
Even though a Catawba County corporation had actual notice of a buffer violation when it purchased a waterfront lot on Lake Norman, the seller was liable to the corporation for damages arising from its correction, the Court of Appeals has ...
Tagged with: Catawba County real estate Real Property
Read More »Real Property – Bankruptcy – Priority – Purchase- Money Mortgage – Materialman’s Lien – Equitable Estoppel
Bankruptcy - Priority - Purchase- Money Mortgage - Materialman's Lien - Equitable Estoppel
Tagged with: Bankruptcy Equitable Estoppel Materialman's Lien mortgage Purchase Real Property
Read More »Real Property – Contract – Limitation of Remedies – Consideration – Not Unconscionable
Contract - Limitation of Remedies - Consideration - Not Unconscionable
Tagged with: Consideration Contract Durham County Real Property Unconscionability
Read More »Lawyers left out: Settlement shops drive dirt lawyers out, costs and claims for consumers up
News of guilty pleas from principals of Charlotte’s Settlement Source who admitted to embezzling $2.4 million from clients in real estate transactions between 2005 and 2007 may not have come as a surprise to attorneys familiar with the growing problem ...
Tagged with: Attorneys closings N.C. State Bar real estate Real Property Unauthorized Practice of Law
Read More »Bill regulating foreclosure scams makes headway in House
A bill that would outlaw certain foreclosure rescue scams and regulate lease option contracts and contracts for deed received a favorable report in the House Financial Institutions Committee and has been referred to a subcommittee in the House Judiciary II ...
Tagged with: foreclosure Legislature real estate Real Property
Read More »Lawyer deals with fee simple absolute outside Property casebook
A graduate of the University of North Carolina School of Law, Mark Davis is special deputy attorney general in the N.C. Department of Justice. [...]
Tagged with: professionalism Q&A Real Property
Read More »Attorneys – Real Property – Embezzlement – Risk of Loss – Buyers
Johnson v. Schultz. (Lawyers Weekly No. 10-06-0376, 20 pp.) (Mark Martin, J.) (Patricia Timmons-Goodson, J., joined by Robin E. Hudson, J., dissenting) From the Court of Appeals. N.C. S. Ct.
Tagged with: embezzlement Real Property
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