Christopher T. Salyer

The Closing Attorney's Role

EVERY SO OFTEN AT THE CLOSING TABLE, A BUYER WILL ASK ME WHAT MY ROLE IS IN THE CLOSING PROCESS. 

It’s a valid question since our very first face-to-face interaction may be at that table. Up until this point, we may have only been communicating through phone calls and emails. 

Assuming we are representing the buyers, and a lender is involved, here’s a brief overview of the process our office goes through during a real  estate closing:

Nature's Changes in Land: Who Owns It Now?

Is That My Dirt? Riparian Rights, Erosion, Avulsion, and Owning Land by Rivers and Streams

After experiencing Hurricanes Fran and Floyd, like many others, I felt we would never see that much rain again at one time.  I was mistaken.  The sea of water Hurricane Matthew brought to eastern North Carolina is hard to comprehend, but I will say I have a new respect for Noah’s Ark.   All of the water brought many questions about erosion and rights, so I thought now is a perfect time to write about Riparian Rights and… who owns the dirt.  

The ABCs of a Title Insurance Policy

I always recommend a buyer of real property spend the money to purchase an owner’s title insurance policy.  If a buyer is getting a loan to purchase the property, 99% of the time the lender is going to require a lenders title policy, and the buyer can obtain an owner’s policy with little or no additional cost. The buyer only pays an owner’s premium once and it covers them and their heirs as long as they own the property.  If an owner refinances, they have to purchase a new policy for their lender, but their policy continues without reissue. 

Restrictive Covenants: Check Before You Have to Write a Check

Almost all subdivisions, at least those started in this millennium have restrictive covenants attached to the real estate.  Restrictive Covenants can dictate what color your house can be or what kind of flowers can be planted around your mailbox and can even dictate the breed of dog prohibited from living in the subdivision.  It is important to know the restrictions that apply, ideally prior to signing the offer to purchase, but realistically prior to the expiration of your due diligence period.  

Termites and Moisture Damage: Not "If" but When

I have heard more real estate agents use this phrase than I can remember when referring to whether a house will get a termite infestation.  North Carolina is a beautiful state from the coast to the mountains.  She has rivers and streams, rolling hills, pine trees, and termites.  Our state has an abundance of termite’s two favorite things, wood and water. 

Termites

Why Should an Owner Get an Insurance Policy? (Part One)

I always recommend a buyer of real property spend the money to purchase an owner’s title insurance policy.  If a buyer is getting a loan to purchase the property ninety-nine percent of the time the lender is going to require a lenders title policy and the buyer can obtain an owner’s policy with little or no additional cost. Further, the buyer only pays an owner’s premium once and it covers them and their heirs as long as they own the property.  If an owner refinances they have to purchase a new policy for their lender but their policy continues without reissue.