North Carolina taxes both real estate and personal property, but differing valuation schedules and processes for the two types can lead to confusion and inflated tax bills for industrial property owners. Understanding how...more
1/9/2024
/ Administrative Procedure ,
Commercial Leases ,
Commercial Property Owners ,
County Assessors ,
Fair Market Value ,
Fixtures ,
Leases ,
Personal Property ,
Property Improvements ,
Property Owners ,
Property Tax ,
Property Valuation ,
Tax Assessment ,
Tax Rates
On March 31, 2020, the North Carolina Department of Revenue (NCDOR) announced that it is expanding tax relief as part of Governor Roy Cooper’s response to the COVID-19 outbreak.
Pursuant to the guidance, the NCDOR will not...more
When Are Your Subcontractor's Employees Your Employees?
In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more
4/12/2017
/ Arbitration ,
Commercial Leases ,
Construction Industry ,
Employee Definition ,
Foreclosure ,
General Contractors ,
Independent Contractors ,
Joint Employers ,
Jurisdiction ,
Limited Liability Company (LLC) ,
Piercing the Corporate Veil ,
Property Tax ,
Subcontractors
COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS -
In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more
1/10/2017
/ Anti-Alienation Provisions ,
Color of Title ,
Condominium Associations ,
Easements ,
Foreclosure ,
Forfeiture ,
HELOC ,
Impact Fees ,
Life Estates ,
Public Entities ,
Real Estate Development ,
Refinancing ,
Subordination Agreement ,
Vacation Rentals
Statute of Limitations for Encroachment on an Easement -
Injury to easement versus removal of encroachment distinguished -
In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more
A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina -
Money -
FORECLOSURE: -
Lender...more
5/11/2016
/ Acceleration ,
Arbitrators ,
Blue Pencil Contract Modification ,
Breach of Contract ,
Collateral Estoppel ,
Contaminated Properties ,
Damages ,
Eminent Domain ,
Foreclosure ,
Late Payments ,
Lenders ,
Mandatory Arbitration Clauses ,
Mechanics Lien ,
NC Supreme Court ,
Real Estate Market ,
Receivership ,
Subcontractors ,
Subordination Agreement ,
Takings Clause ,
Venue
Inverse Condemnation:
Nies v. Town of Emerald Isle, COA15-169 (November 17, 2015). The Town of Emerald Isle established a beach nourishment project extending the mean high water mark seaward, and regulating vehicles...more
MONEY:
GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES -
By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing...more
5/12/2015
/ Accelerated Payments ,
Commercial Loans ,
Deed of Trust ,
Deficiency Judgments ,
Eminent Domain ,
Extortion ,
Foreclosure ,
Guarantors ,
Loan Modifications ,
Mortgage Lenders ,
Negligence ,
Property Valuation ,
Real Estate Development ,
Statute of Frauds ,
Unfair or Deceptive Trade Practices
A snapshot of noteworthy cases from the past year related to lending practices, property rights and construction in North Carolina.
Money -
Lending:
Comprehensive waiver language in loan workout...more
2/4/2015
/ Coastal Real Estate ,
Commercial Loans ,
Easements ,
ECOA ,
Fannie Mae ,
FEMA ,
Forbearance Agreements ,
Guarantors ,
Lenders ,
Mortgages ,
Popular ,
Refinancing ,
Section 1031 Exchange ,
UDITPA ,
Waivers
In This Issue:
- CGL Insurance & Defects
- No Sure Thing
- Contract Quicksand
- The Nuclear Option
- Federal Contractors
- Excerpt from CGL Insurance & Defects:
Does Your Insurance Cover...more