North Carolina Adverse Possession Blog

de Ondarza Simmons regularly posts to its North Carolina Adverse Possession Blog. You can subscribe to receive notice via email of these and other posts by the firm. To get started, just enter your email address in the subscription box on the right side of the screen. (To help protect you from spam, you will be asked to type a scrawled word and then to click on a link in a confirmation email that will be sent to you.)

Re-Elect Wake County Clerk of Court Lorrin Freeman

Lorrin Freeman Wake County Clerk of Court

Re-Elect Wake County Register of Deeds Laura Riddick

Laura Riddick Wake County Register of Deeds

This week, Wake County Clerk of Court Lorrin Freeman and Wake County Register of Deeds Laura Riddick both gave presentations at the same meeting of the Wake County Real Property Lawyers Association. They each gave a short talk about their respective offices and recent changes in North Carolina real estate law, complete with very helpful handouts.

Key Developments in North Carolina Real Estate Law

Laura Riddick and Lorrin Freeman pointed out several key developments that intersect with North Carolina real estate law and the offices of the Wake County Register of Deeds and the Wake County Clerk of Court.  Some of those developments include

  • E-recording of satisfaction of deeds of trust
  • Simplified searches of Wake County Register of Deeds for MERS (Mortgage Electronic Registration System)
  • Customer IT Hotline for Wake County Register of Deeds (919) 856-2626
  • Confusion about the application of new N.C. Gen. Stat. §161‑10(a)(1), assigning an extra $25 recording fee for certain documents that contain an “additional reference”
  • Real Estate Lawyers can now deposit escrow or stakeholder funds with the Clerk of Court
  • Preemptive filing of commercial liens with the Clerk of Court
  • A new list of Direct Telephone Numbers for the Wake County Clerk of Court

Wake County Real Property Lawyers Association

The Wake County Real Property Lawyers Association is a group of Wake County real estate lawyers, including many Raleigh real estate attorneys, who gather once a month for lunch and a short presentation. Presenters frequently discuss current real estate practices and changes to the North Carolina real estate law.  Most members practice in a particular area of real estate law, such as

  • real estate transactions (handling commercial or residential real estate deals);
  • land use (helping developers rezone or permit their projects); or
  • real estate litigators (handling trials of real estate disputes to Judges and Juries).

In addition, the Association also includes bankers and title insurance folks, who are kind enough to sponsor the association’s meetings.

Get Your Copy of the Handouts

If you are a North Carolina real estate trial lawyer, land use lawyer, or even a real estate closing attorney, but you missed this month’s Wake County Real Property Lawyer’s meeting, you can still get the handouts provided by Wake County Register of Deeds Laura Riddick and the Wake County Clerk of Court Lorrin Freeman.

If you would like a copy of these very helpful handouts, just send us an email and ask us for a copy. We will be happy to get it to you right away. As an extra bonus, if you like, we will also tell you about the special help available to folks dealing with the vagaries of when the extra $25 recording fee under N.C. Gen. Stat. §161‑10(a)(1) should be applied.

To send us an email and get your free copy of the handouts, you should click here.

__________________________

adverse possession partition lawyer

Ms. de Ondarza Simmons is a North Carolina real estate trial attorney. She helps people and businesses in Raleigh and throughout North Carolina with residential, agricultural, and commercial real estate disputes, including eminent domain (or land condemnation), adverse possession, judicial partitions / judicial sales, and boundary disputes.  Ms. de Ondarza Simmons is admitted to practice before all North Carolina State Courts as well as the United States District Courts for the Eastern and Middle Districts of North Carolina. You may have a North Carolina real estate dispute that you would like to discuss with a North Carolina Real Estate Trial Attorney. If so, you can call or send us an email to set up an initial consultation. To get started, you should click here.

Business Partner cheating me - breached contract - non-compete - fraud - bad faith - eminent domain - breached commercial lease - guarantee - guaranty - bank - investment - financial - class action

Adverse Possession and Eminent Domain – What’s the difference?

October 27, 2011
Difference between Adverse Possession and Eminent Domain

Recently, Google has referred several people to our website who have entered the following search phrase, “What is the difference between adverse possession and eminent domain?” de Ondarza Simmons, PLLC helps clients with both. So, we wrote this brief post to help explain the differences. As outlined below, adverse possession and eminent domain are completely separate […]

Read the full article →

Correctly Naming Necessary Parties in Real Estate Disputes

September 14, 2011
Naming husband AND wife as owners of subject property and, therefore, necessary parties in real estate disputes.

In a previous posts we have talked about the importance of correctly naming the right business entity parties in lawsuits. (See Correctly Naming Business Entity Defendants in Business Litigation Complaints & You Cannot Wait until Supplemental Proceedings to Pierce Corporate Veil.)  In this post, we look at a recent case that highlights the importance of […]

Read the full article →

The Elements of Adverse Possession in North Carolina

July 13, 2011
adverse possession in North Carolina

A person (including a business entity) can acquire title to property not just through a deed or under a will, but also through adverse possession. Adverse possession means possessing another’s property under certain conditions for a certain period of time. As a result, two things happen. The title of the original owner of record is […]

Read the full article →

Presumption of Proper Service on Corporation by FedEx delivery to Receptionist

June 8, 2011
Presumption of Proper Service - FedEx delivery of summons and complaint to receptionist

Dougherty Equipment Co., Inc. v. M.C. Precast Concrete, Inc., ___ N.C. App. ____, NO. COA10-646 (N.C. App. Jun. 7, 2011) In a previous post, we examined the current law on Serving a lawsuit with UPS or FedEx?. In this post, we discuss a recent case revolving around exactly that method of service of process, which is, […]

Read the full article →

Serving a lawsuit with UPS or FedEx?

April 17, 2011
Thumbnail image for Serving a lawsuit with UPS or FedEx?

Problems Serving Defendants in Business Litigation or Real Estate Disputes? People get emotional about lawsuits involving land and real property, like adverse possession or judicial partition or judicial sale actions. Frequently, they also get upset about lawsuits involving North Carolina business disputes, like breach of contract claims in NC. Defendants Avoiding Service of Process? Sometimes, defendants’ emotional reactions […]

Read the full article →