The author William Gibson is attributed to the following quote, “The future is already here – it’s just not evenly distributed.” He must have been talking about e-Recordings. We are fortunate enough to have customers all over the State. The variance between those legal offices that e-Record and those that do not is surprising. The same can be said about the Counties that accept e-Recordings. Wake County is likely at the top. Other Counties, particularly the more rural ones, have trouble spelling e-Recording nevermind actually handling one.
If any of you are not recording documents electronically, you need to learn and you need to learn RIGHT NOW. Recording electronically is the future and the future is here, folks. Not only does this create efficiencies in the recording process, it has the potential to allow lenders to sell their paper quicker. And, as we all know, what’s good for the lenders will eventually be jammed down all of our throats.
Matt Hunoval, a Charlotte-based practitioner, recently conducted the first true e-Closing, in which the borrower (and e-Notary) were located in Hickory, Matt was located in Charlotte and the property was located in or near Winston-Salem. Like it or not, the future is here.
Include Lender Emails
A friendly reminder:
If at all possible please include an email address for the Lender on your final title opinion so that we can e-mail the final loan policy.
Annual Spring Photo Contest!
Click here to submit your guess. The customer with the closest guess will win the jar and ALL of its contents!
We’ll be accepting guesses through the end of day today.
Where in the World is the BT Koozie?
The Barrister’s Title koozie popped up on Ocean Isle Beach for spring break with Summer Hogan, BT’s sales coordinator.
Like our Facebook page to see other locations the BT koozie has made an appearance
Happy Memorial Day!
A friendly reminder that our office will be closed Monday, May 29th in honor of those who have served our country. We are grateful for their service and remember them on this special day.
In the immortal words of William Shakespeare, “To record or not to record.” Okay. . .so maybe that’s not how it went, but it’s still worthy of a discussion as it relates to Powers of Attorney. I am going to make reference to NCGS 47-28 so, we might as well be looking at it together. Here it is:
§ 47-28. Powers of attorney.
(a) Recording required for powers of attorney affecting real property:
(1) Before any transfer of real property executed by an attorney-in-fact empowered by a power of attorney governed by Article 1, Article 2, or Article 2A of Chapter 32A of the General Statutes, the power of attorney or a certified copy of the power of attorney shall be registered in the office of the register of deeds of the county in which the principal is domiciled or where the real property lies. If the principal is not a resident of North Carolina, the power of attorney or a certified copy of the power of attorney may be recorded in any county in the State wherein the principal owns real property or has a significant business reason for registering in the county.
(2) If the real property lies in more than one county or in a county other than where the principal is domiciled, the power of attorney or a certified copy of the power of attorney shall be registered in the office of the register of deeds in one of the counties, and the instrument of transfer shall refer to the recordation specifically by reference to the book, page, and county where recorded.
(3) Any instrument subject to the provisions of G.S. 47-17.2, 47-18, or 47-20 and signed by an attorney-in-fact and recorded in a county other than the county where a power of attorney is recorded in this State shall include the recording information, including book, page, and county for the power of attorney.
(4) The failure to comply with the provisions of this subsection shall not affect the sufficiency, validity, or enforceability of the instrument but shall constitute an infraction.
(b) If the instrument of conveyance is recorded prior to the registration of the power of attorney or a certified copy of the power of attorney pursuant to subsection (a) of this section, the power of attorney or a certified copy of the power of attorney may be registered in the office of the register of deeds as provided in subsection (a) of this section thereafter provided that the attorney-in-fact was empowered at the time of the original conveyance. Notwithstanding the provisions of subsection (a) of this section, no conveyance shall be rendered invalid by the recordation of the power of attorney or a certified copy of the power of attorney after the instrument of conveyance, and the registration shall relate back to the date and time of registration of the instrument of conveyance.
(c) The provisions of subsection (a) of this section shall apply to all real property transfers utilizing an authority under any power of attorney whether made on or after April 1, 2013, and the provisions of subsection (b) of this section shall apply to all real property transfers utilizing an authority under any power of attorney whether made before, on, or after April 1, 2013. (Code, s. 1249; 1899, c. 235, s. 15; Rev., s. 987; C.S., s. 3317; 2013-204, s. 1.15.)
This statute was amended in 2013 and the first sentence of the statute provides the biggest clue for the reasons behind the law’s revision. Prior to this amendment, Powers of Attorney were not required to be recorded. The previous statute indicated that powers of attorney “may” be recorded. So, the recording of Powers of Attorney are now compulsory by statute, at least to the extent that the Power of Attorney will be used to convey real estate.
Click HERE to finish reading The Quill Article.
Then & Now
Summer Hogan – Then & Now
1. What did you want to be when you grew up?
In middle school I wanted to be a marine biologist but after that I wanted to be an ‘agent’ of any kind – FBI, travel, real estate, it really didn’t matter 🙂
2. Who was your favorite super hero?
She-Ra of course, like every other girl from my generation. Probably because she was one of the only popular female superheroes!
3. What is your funniest childhood memory?
I was walking around a pretty cemetery in Gastonia with my grandparents (not quite sure why) and I got my head stuck in between the railing of a fence and bit by a goose all in the same day! It wasn’t funny at the time but we have shared lots of laughs over it since.
4. What was one thing you did that drove your parents crazy?
I was a notorious thumb sucker and it took years for my parents to finally convince me to stop. They ended up sending me to a family orthodontist to talk some sense into me…and he gave me a t-shirt which I think did the trick.
5. Did you have a childhood nickname?
This is not the most flattering nickname in the world but my grade school friends called me Bummer…and I’m assuming that is only because it rhymes with Summer 🙂
Click HERE to meet the rest of the BT Family!
Barrister’s Title All Star
Jen Crowley of Thomas & Godley
Meet Jen Crowley. . .this month’s Barrister’s Title All- Star! Jen recently helped us resolve a post-closing issue so that we could issue our policies. Jen was dogged in tracking down the parties and getting the corrective instruments properly executed. She also verified with us that the documents were proper prior to recording. Her help was invaluable and very, very much appreciated. Thank you Jen for your determination and attention to detail. You are an All Star!!!