Hutchens Law Firm Blog

Your marriage may have failed, but a collaborative process can give you an opportunity to find a solution for your divorce. Collaborative Divorce is an alternative to traditional divorce litigation, which can be costly, adversarial, and prolonged.  Key elements of collaborative divorce include:
By: Lanée Borsman, John Kay, and Alan Stewart Although we may have thought the border between South Carolina and North Carolina was firmly established when the Province of Carolina was divided in 1729, the truth is that the line thought of as the border between the two new colonies contained numerous and substantial errors in its measurements.  These discrepancies in the border have now been resolved through cooperation of the two states by a comprehensive re-survey of the North Carolina/South Carolina boundary line. 
The North Carolina Supreme Court dealt a major blow to consumer attempts to evade personal liability for a deficiency balance after a non-judicial foreclosure sale in United Community Bank (Ga.) v. Wolfe, No. 289PA15 (May 5,2017).
If you've been reading the news lately, fraudsters and hackers are everywhere! They're hijacking business and personal computers across the globe demanding a ransom so you can gain access back to your computer. They're sending fake emails asking you to open a Word document, Dropbox link, or Google Drive link that could potentially scrape your personal information to be used for identity theft. They're emailing you "from" UPS and FedEx claiming an urgent, overnight package can't be delivered.
We often joke at the closing table that a borrower is about to sign their life away. Maybe it's not that serious, but signing the promissory note and deed of trust at closing is a life-changing event.  
(With Apologies and Deference to Charles Dickens and Oscar Wilde) Every so often, a North Carolina appellate court will issue an opinion that is useful to the mortgage servicing industry not so much for its substantive holding but for the practical guidance that may be gleaned from its dicta.  One such case is In re: Foreclosure of Real Property Under Deed of Trust From Garrett, 795 S.E.2d 1 (N.C. Ct. App. 2016) which involved the following relevant facts:  
When Typos Aren’t Enough to Give a Homeowner a ‘Free House'
Selling property does not have to be a stressful process. For most sellers, it can be a matter of signing the paperwork and sitting back to wait for a check. However, often sellers are nervous or apprehensive about what the final closing will bring. Below are 5 things a seller should know about closing.  
Seeking a lawyer’s help can come at a stressful time in your life.  You may be starting a new business and you need help setting up an LLC, or you may have just been sued and you do not know what to do.  Not only do you have the stress added by your legal issue, you now have an appointment for an initial consultation with a local attorney, but you have no idea of what to expect.  Meeting with an attorney may be a new and foreign experience and it is the goal of this article to give you some insight on what will happen in your initial consultation. 
Recently, a neighborhood HOA approached me with a question regarding family care homes in North Carolina. The HOA contained covenants and restrictions which limited the use of homes in the neighborhood to single family residences only.   The question was whether an owner in the neighborhood could establish a family care home based on the neighborhood restrictions. Despite the restrictions written in the HOA covenants, the answer is yes, the owner can establish a family care home. The jurisdiction of the Family Care Home bill supersedes any restrictions imposed by the HOA. 

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