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Your search for: “deed” returned 53 results
- Adopted: April 16, 2021Opinion addresses conflicts of interest, communication, funding issues, and accountings in contemporaneous closings for residential real property.
- Adopted: October 23, 2015Opinion rules that when funds are stolen from a lawyer’s trust account by a third party who is not employed or supervised by the lawyer, and the la...
- Adopted: July 18, 2015Opinion rules that a closing lawyer shall not record and disburse when a seller has delivered the deed to the lawyer but the buyer instructs the la...
- Adopted: April 17, 2015Opinion rules that when the original debt is $100,000 or more, a lawyer for a lender may prepare and provide to an unrepresented borrower, owner, o...
- Adopted: January 23, 2015Opinion rules that common representation in a commercial real estate loan closing is, in most instances, a “nonconsentable” conflict meaning that a...
- Adopted: April 25, 2014Opinion rules that a lawyer may not represent both the trustee and the secured creditor in a contested foreclosure proceeding.
- Adopted: July 19, 2013Opinion rules that a lawyer/trustee must explain his role in a foreclosure proceeding to any unrepresented party that is an unsophisticated consume...
- Adopted: July 19, 2013Opinion examines the ethical duties of a lawyer representing both the buyer and the seller on the purchase of a foreclosure property and the lawyer...
- Adopted: July 15, 2011Opinion rules that a lawyer may not represent the beneficiary of the deed of trust in a contested foreclosure if the lawyer’s spouse and paralegal ...
- Adopted: April 22, 2011Opinion sets forth the factors to be taken into consideration when determining whether a former client’s delay in objecting to a conflict constitut...
- Adopted: January 21, 2011Opinion provides guidelines for a lawyer for a party to a partition proceeding and rules that the lawyer may subsequently serve as a commissioner f...
- Adopted: July 23, 2010Opinion rules that a lawyer may undertake the representation of a debtor in a Chapter 13 bankruptcy, although the lender is lawyer's current client...
- Adopted: January 15, 2010Opinion rules that a lawyer may serve as the trustee in a foreclosure proceeding while simultaneously representing the beneficiary of the deed of t...
- Adopted: April 24, 2009Opinion rules a closing lawyer who reasonably believes that a title company engaged in the unauthorized practice of law when preparing a deed must ...
- Adopted: April 24, 2009Opinion rules that a lawyer may not initiate foreclosure on a deed of trust on a client's property while still representing the client.
- Adopted: January 23, 2009Opinion rules that a lawyer who represented the trustee or served as the trustee in a foreclosure proceeding at which the lender acquired the subje...
- Adopted: April 21, 2006Opinion rules that absent consent to disclose from the parent, a lawyer may not reveal confidences received from a parent seeking representation of...
- Adopted: July 14, 2005Opinion rules that the lawyer for the buyer of residential real estate may prepare the deed without creating a client-lawyer relationship with the ...
- Adopted: April 23, 2004Opinion rules that a lawyer may represent both the lender and the trustee on a deed of trust in a dispute with the borrower if the conditions on co...
- Adopted: January 24, 2003Revised January 26, 2012 The North Carolina State Bar has been requested to interpret the North Carolina unauthorized practice of law statutes (N....
- Adopted: October 19, 2001Opinion rules that a closing lawyer may not counsel or assist a client to affix excess excise tax stamps on an instrument for registration with the...
- Adopted: January 18, 2001Opinion rules that a lawyer acting as a notary must follow the law when acknowledging a signature on a document.
- Adopted: October 22, 1999Opinion rules that a lawyer who represents the buyer in a real estate closing, and subsequently records the deed, may not withhold the funds for th...
- Adopted: July 23, 1999Opinion rules that whether the lawyer for a residential real estate closing must obtain the cancellation of record of a prior deed of trust depends...
- Adopted: July 16, 1998Opinion rules that the fiduciary relationship that arises when a lawyer serves as an escrow agent demands that the lawyer be impartial to both the ...
- Adopted: April 16, 1998Opinion rules that a lawyer may not participate in a closing or sign a preliminary title opinion if, after reasonable inquiry, the lawyer believes ...
- Adopted: July 18, 1997Opinion rules that a former residential real estate client is not entitled to the lawyer's title notes or abstracts regardless of whether such info...
- RPC 210 - Representation of Multiple Parties to the Closing of a Residential Real Estate TransactionAdopted: April 04, 1997Opinion examines the circumstances in which it is acceptable for a lawyer to represent the buyer, the seller, and the lender in the closing of a re...
- Adopted: October 17, 1996Opinion concerns disbursements from a trust account in reliance upon the deposit of a mortgage company's check issued pursuant to an agreement with...
- Adopted: April 14, 1995Opinion rules that a lawyer who represents a client in a pending domestic action may take a promissory note secured by a deed of trust as payment f...
- Adopted: January 13, 1995Opinion rules that a lawyer may close a real estate transaction brokered by the lawyer's spouse with the consent of the parties to the transaction.
- Adopted: January 15, 1993Opinion rules that a lawyer for a party adverse to the government may freely communicate with government officials concerning the matter until noti...
- Adopted: October 23, 1992Opinion rules that a lawyer who formerly represented an estate may not subsequently defend the former personal representative against a claim broug...
- Adopted: July 12, 1991Opinion rules that a lawyer may disclose information concerning advice given to a client at a closing in regard to the significance of the client's...
- Adopted: October 17, 1990Opinion rules that a lawyer who has as trustee initiated a foreclosure proceeding may resign as trustee after the foreclosure is contested and act ...
- Adopted: April 13, 1990Opinion discusses disbursement against uncollected funds, accounting for earnest money paid outside closing and representation of the seller.
- Adopted: January 12, 1990The responsibilities and limitations of the lawyer acting as trustee arise primarily from the lawyer's fiduciary relationship in serving as trustee...
- Adopted: July 14, 1989Opinion rules that a lawyer who served as a trustee may after foreclosure sue the former debtor on behalf of the purchaser.
- Adopted: October 28, 1988Opinion rules that an attorney who receives from his or her client a small sum of money which is to be used to pay the cost of recording a deed mus...
- Adopted: July 15, 1988Opinion rules that attorney whose partner represented the adverse party prior to joining the firm is not disqualified unless the partner acquired c...
- Adopted: July 15, 1988Opinion rules that a closing attorney must follow the lender's closing instruction that closing documents be recorded prior to disbursement.
- Adopted: October 23, 1987Opinion rules that an attorney may not rely upon title information from a nonlawyer assistant without direct supervision by said attorney.
- Adopted: January 16, 1987Opinion rules that a lawyer may represent grantees of deeds he drafted even though his secretary may be called as a witness. [See Rule 3.7 of the R...
- Adopted: October 24, 1986Opinion rules that a lawyer may reveal confidential information to correct a mistake if disclosure is impliedly authorized by the client.
- Adopted: October 24, 1986Opinion rules that a lawyer who acquires knowledge of apparent misconduct must report this matter to the State Bar.
- Adopted: July 25, 1986Opinion states that house counsel for a mortgage bank may not represent other lenders and borrowers while serving as house counsel.
- Adopted: April 18, 1986Opinion rules that lawyer may act as Trustee after having represented the seller.
- Adopted: October 14, 1981Inquiry: B Company executed a note secured by deed of trust to T for S & L, a savings and loan association. T was and is executive vice presid...
- Adopted: July 15, 1981Attorney A represents H, who is divorced from W. Prior to the divorce in which Attorney A represented H, H and W had obtained a loan from Bank B. T...
- Adopted: April 13, 1979Inquiry: Lawyer A is a trustee in a deed of trust and institutes foreclosure proceedings. At the time he institutes the proceedings, they do not ap...
- Adopted: October 19, 1978Inquiry: An attorney regularly certifies title to a lender in connection with loans which the attorney closes for the lender and which are secured...
- Adopted: April 15, 1977Over a period of several years, a number of inquiries have been made to the Council centering around the role of the lawyer in the usual residentia...
- Adopted: October 21, 1976Inquiry: A lawyer is trustee in a deed of trust conveying real estate as security for a loan made to a borrower by bank. The bank advises the trust...