Summer 2018: A few noteworthy legislative actions and some judicial guidance took place in North Carolina over the last several months that are important.

The old Scrivener’s Affidavit Gets Some Teeth

A new statute in North Carolina creates a process by which some legal description errors can be corrected without litigation.

Are the Carolinas Moving?

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. 

That Upset Bid Process is Such a Hassle . . . How Can I Get Around It?

I had an interesting question about my last blog regarding the upset bid process, which requires a 10-day period following each new bid during which the bid can be raised.  A reader asked if there was a way to get around it.  In other words, can you ever be guaranteed to be the successful purchaser on the day of the foreclosure sale?  In North Carolina, unlike many other jurisdictions, the answer is No.  At least, not legally.  

The Low Down on The Upsets