AN ACT TO REQUIRE LANDLORDS TO GIVE NOTICE TO THE NORTH CAROLINA STATE BAR OF AN ATTORNEY'S DEFAULT ON A LEASE IN ORDER TO PROTECT THE CONFIDENTIALITY OF THE ATTORNEY'S FILES. Summarized in Daily Bulletin 6/6/12. Enacted June 26, 2012. Effective October 1, 2012.
Bill Summaries: S518 LANDLORD/STATE BAR NOTICE OF LEASE DEFAULT (NEW).
Summary date: Jun 27 2012 - View Summary
Summary date: Jun 6 2012 - View Summary
House committee substitute makes the following changes to 2nd edition. Deletes the provisions of the 2nd edition and replaces it with AN ACT TO REQUIRE LANDLORDS TO GIVE NOTICE TO THE NORTH CAROLINA STATE BAR OF AN ATTORNEY’S DEFAULT ON A LEASE IN ORDER TO PROTECT THE CONFIDENTIALITY OF THE ATTORNEY’S FILES.
Enacts new GS 42-14.4 to require a landlord to notify the State Bar (Bar) 15 days before destroying any potentially confidential materials (defined as client files, trust or operating account records, or other materials related to client matters) that remain on the premises after a landlord obtains possession of the premises from a tenant that the landlord knows is an attorney. Applies when the landlord obtains possession of the premises by summary ejectment or other means. Allows the landlord to move the materials into storage during the 15-day period after notice. Allows the Bar, or its designee, to take possession of the materials within the 15-day period, without a court order and at the Bar’s expense. Provides for the landlord to return the materials to the tenant at the tenant’s request, provided that the landlord has not received a court order directing otherwise. Allows the landlord to destroy the materials if the Bar does not take possession within the 15-day period. Makes a conforming change to GS 44A-2. Effective October 1, 2012.
Summary date: Jun 9 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition. Replaces proposed GS 45-45.3 with new proposed GS 45-45.3 providing that a buyer of residential property has the right to select the title insurer and closing attorney of the buyer’s choice. Provides that the statute does not prohibit a buyer from agreeing to accept the services of a title insurer and/or closing attorney selected or designated by the acquiring party to be used in the transaction if written notice of the right to make an independent selection of those services is first provided to the buyer by the acquiring party, as detailed. Provides that a transaction is not to be invalidated because of the failure of any person to comply with the provisions of the statute. Provides applicable definitions. Makes conforming changes to the title.
Effective when the act becomes law and applies to all sales placed under a sales contract on or after that date.
Summary date: Apr 5 2011 - View Summary
Enacts new GS 45-45.3, prohibiting a foreclosing mortgagee or a mortgagee who acquires property through a foreclosure proceeding in connection with a judicial foreclosure or foreclosure under power of sale of residential property improved by four or fewer units, from requiring either of the following conditions, as a condition of selling the property: (1) that the buyer purchase an owner’s or lender’s title insurance policy from a particular title insurer or from a title insurer selected or designated by the mortgagee, or (2) that the buyer use a particular settlement agent or a settlement agent selected by the mortgagee. Makes a mortgagee who violates the section liable to the buyer in an amount equal to three times all charges incurred in the buyer’s purchase of the title insurance or retention of a settlement agent. Clarifies that a transaction will not be invalid solely for failure to comply with the statute. Applies to all sales placed under a sales contract on or after the date the act becomes law.