Author Archives: James

New legislation effective January 1, 2015, makes a distinction between real property contractors and retailer-contractors and specifies clearly when sales and use tax must be paid for the purchase of construction materials and other tangible personal property to be used … Continue reading

Posted in Construction, New Laws |

After commentators spent most of the week watching the Middle District of North Carolina and the two cases in front of Judge Osteen, it was Judge Max O. Cogburn in the Western District of North Carolina who entered the formal … Continue reading

Posted in New Laws |

This a relatively unique set of facts, but one that is occurring more often over the last several years.  The property owner and chapter 7 debtor was the record owner of the lot encumbered by a judgment lien transferred from … Continue reading

Posted in Bankruptcy-Creditor's Rights, Community Association, Real Property, Special Assets Collection |

A New York appellate court recently affirmed the trial court’s decision granting summary judgment in favor of Defendant, Emerald Green Property Owners Association (“Association”) finding that a clear and unambiguous provision allowed the members to amend the original terms 40 … Continue reading

Posted in Uncategorized |

In an unpublished opinion released today, a unanimous panel of the North Carolina Court of Appeals in Hometrust Bank v. Tsiros (COA14-267) reversed  Summary Judgment against local lender in an appeal of a deficiency action argued before the Court by … Continue reading

Posted in Appeal, Collections / Special Assets |