Already Litigated: Another Failed Res Judicata Challenge to a North Carolina Foreclosure Special Proceeding

Earlier this month, the North Carolina Court of Appeals rejected a challenge to a foreclosure special proceeding based on res judicata in Roberson v. Tr. Services of Carolina, LLC, No. COA17-1152. In this decision, the Court of Appeals reaffirmed the seminal 2016 Supreme Court decision, Matter of Lucks, limiting the applicability of the doctrine in the context of non-judicial foreclosure.

Powers of Attorney – The Dos and Don’ts

If you think back to the movie Rocky V, Rocky Balboa executed a “power of attorney” in favor of an individual he believed he trusted. The individual who received Rocky’s power of attorney (the “Agent”) proceeded to squander all of Rocky’s money leaving him broke and forced to move out of his mansion and back to his old apartment. One might ask, “How is that even possible?” The answer comes in the form of a Durable Power of Attorney.

Short on Time? Lenders Face Increased Dismissals

In North Carolina, original jurisdiction over power of sale foreclosure hearings rests with the Clerk of Superior Court in the county where the secured property is located.  After years of bulging dockets and responsibilities in other areas growing, Clerks of Court and their Assistant Clerks are looking for ways to move cases and clear off their dockets.  As a result, current trends show an increase in dismissals at all stages of the foreclosure process.  

BB&T V. Peacock Farms: What This Means for the Trial Attorney

Branch Banking and Trust Co. V. Peacock Farms, Inc.: What This Means for the Trial Attorney

In an action against several defendants, the Court just granted opposing counsel’s motion for summary judgment or motion to dismiss as to one but not all of the defendants.  There are a number of things going through your mind.  How am I going to deliver this news to the client? What is my litigation strategy moving forward? How does this affect the overall likelihood of success?  Do I appeal the decision?  

Probate – What Language is That Exactly?

One of our community leaders recently told me that she is named personal representative of her father’s will but she did not know exactly what that entails.  As the generation of baby boomers gets older, their parents are inevitably and unfortunately getting closer to the end of their lives.  The issue and confusion of the logistics following one’s death can be quite unsettling on the surviving heirs.  This article is designed to provide an overview of the probate process in the State of North Carolina.

Mom passed away. What’s next?

"Bye Bye Bye" To Selfies… While You Vote

If you follow social media, you have surely seen the trending topic regarding Justin Timberlake’s controversial selfie while casting his vote.  In our media age of constantly photo and video documenting our lives, our millennial mind set tends to be that our lives are an open book and nothing is off limits.  Surprisingly for so many facebookers, instragramers, snapchatters, and redditers, there are certain legal limitations.  

Tweeting From Beyond the Grave – Is That Even Possible?

While I am no expert in regards to social media, I do have accounts with Facebook, LinkedIn, Twitter, etc.  The question is “What happens to these type accounts after I am deceased?”  News about these types of situations recently came to light when the Twitter account of Ryan Dunn, of Jackass fame, was hacked and the alleged hackers “Tweeted” two years after his death.  As you can imagine, his family was none too pleased.

Making a Difference One Donation at a Time

Winston Churchill once said, “We make a living by what we get, but we make a life by what we give.” Charitable giving allows one the opportunity to support philanthropic organizations, assist in revitalizing communities, potentially receive income and estate tax savings, and bring others along to further propel the efforts of charitable organizations.  However, no matter how large or small the gift of an individual may be, there is one common denominator regarding charitable giving: All Gifts to Charity Make a Difference!

Methods of Giving

North Carolina: Deficiency Guarantor Defenses

Borrower’s Defense to Deficiency Action Where Lender Purchases Secured Property at Less than True Value Now Available to Guarantor

The guaranty agreement is a common security mechanism lenders utilize to increase the likelihood of repayment of a commercial loan in the event of default.    This is especially true in situations where the borrower is a limited asset or one asset business.  In such circumstances, the lender often looks to the member/manager(s) of the business to guarantee the debt obligation.

I Sold My Home – What Do I Owe?

“A man’s home is his castle” is a common saying that is even reflected in the Bill of Rights.   Another common saying is that there are but two certainties in life – death and taxes.  So what happens “tax-wise” when one decides to sell his castle?  Although there are many different tax consequences when selling a home, here’s a brief and broad overview of the tax ramifications when you sell your home. 


Halloween and Your Home (Trick, Treat, or Lawsuit?)

In 2012, I moved from the backwoods of Oregon to Fayetteville, North Carolina.  Finally living in a city, I was so excited because I thought I would finally get my first trick-or-treaters!  I purchased a plastic pumpkin candy bucket and two huge bags of candy from the local Food Lion, and when October 31st rolled around, I was ready.  Sadly, I did not take into account that I lived at the end of a dark street, and unfortunately went another three years of eating all the candy by myself (or maybe not so unfortunate).