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The Quill – July 2020
The Quill – June 2020
June 18, 2020
2020 Annual ReelTime CLE
August 19, 2020
THE QUILL TIP:
Statute of Limitations Tolled During COVID–19 Crisis
On March 19th, Chief Justice Cheri Beasley issued an Order that had the effect of tolling the Statute of Limitations for many actions in the State of North Carolina. Her decision was related to the COVID-19 Crisis and was an attempt to reduce the spread of the infection. That Order was extended twice, once on April 13th and again on May 21st. In the extension of the Order, Chief Justice Beasley stated, “All periods of limitation that were set to expire between 16 March 2020 and 31 July 2020, inclusive of those dates, are hereby extended until the close of business on 31 July 2020.”
This Order has a potentially significant impact on real estate transactions. It means that if a statute of limitation was due to expire after March 16th, then the expiration has not yet occurred. Essentially, the Statute of Limitations (SOL) has been tolled and the clock won’t start ticking again until August 1st. So, for example, if you have a judgment that would have expired (due to the passage of 10 years ) on March 20th, then that judgment has not yet expired. The clock was tolled four days prior to it’s expiration. The judgment won’t expire until four days after the clock restarts on August 1st, i.e. August 4th.
Another example that comes to mind are the clocks associated with Mechanicsmen and Materialmen Liens. Chapter 44A requires a Lien Claimant to file a Claim of Lien within 120 days of last performing the work and to perfect that lien by filing a lawsuit within 180 days of last performing the work. We have to assume that those time frames have been suspended by Chief Justice Beasley’s Orders.
I am not going to go through each time frame that we might encounter in a real estate closing. Suffice it to say, there are other examples. Remember that March 16th is the important date and that the clock will not start ticking again until August 1st. . .unless Justice Beasley extends her Order once again. In the same series of Orders, Justice Beasley has tolled the time frames related to filing appeals. So the guidance is the same. If you are relying on the passage of time related to an appeal, understand that those time frames are essentially out the window right now. If you want to read Justice Beasley’s Orders for yourself, you can CLICK HERE.
If you have any questions, please feel free to contact me at 704.799.6441 or at sal@barristerstitle.com.
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BT QUARANTINE:
Movie + TV Show Recommendations
It seems like everyone has a little extra time on their hands during the quarantine and the BT Sales Team weighs in on some of their favorite movies + TV shows they’ve enjoyed. (Click the title for the link)
“Lenox Hill is a series about a hospital in Manhattan. They follow around 5 doctors for a few years.
Very interesting to get a doctor’s perspective on Healthcare. ” ~ Christine Bruns
“All of the 30 for 30 documentaries have been great, especially the Michael Jordan one.” ~ Jennifer Conrad
“It’s good…but also a little disturbing” ? ~ Landis Sinnett
“This has been my favorite show to watch lately. It’s currently on NBC but you can watch all of the episodes on HULU. It’s a heart-warming drama, similar to ‘This Is Us’, with some good humor too. It’s a must-watch if you are a ‘This Is Us’ fan!” ~ Summer Hogan
“It’s disgustingly interesting!” ~ Keairra McGuire
“The incredible true story of a group of men who attempted to broker a deal between Drug Lords and the Russian Military for a Nuclear Submarine.” ~ Sal Balsamo
The Thriving Lawyers Podcast
In continuation of sharing what we’ve loved watching, reading and listening to lately, we invite you to check out The Thriving Lawyer Podcast from our friends over at ReelTime. It is an industry-related podcast and if you’ve ever attended one of our CLE’s then you know it will be entertaining!
#BTShowYourSwag
Summertime is now in full swing and we want to see your Barristers Title swag! Cue the BT Koozie from the adorable son of Julie Butt of Hankin & Pack.
If you have BT swag to share, e-mail your pictures to Summer so we can spread the love. And make sure you tag us using the #BTShowYourSwag hashtag!
ANYONE NEED A LAUGH?
Raise your hand if you have Quarantine-fatigue?! Check out another video from the Holderness Family to get your whole family laughing. We just can’t help ourselves!
THE QUILL RIDDLE:
Find the Movies Brain Teaser
There are 11 action movie references in the picture below. How many can you find?
