The government is providing first time home buyers with substantial financial incentive to jump into the housing market and buy that first house. In this era of depressed housing prices, low interest rates and limited deductions; go for it and buy a house. This is a great time to buy but I would urge the reader to take the following steps before the closing:
1. Have an attorney review your purchase contract before you sign. Only an attorney can explain how best to add to the "form" contract proposed by your agent in order to best protect your interests.
2. Unless you are buying "as is" you should have the property inspected by a licensed home inspector that can work you through all of the likely problems with your new home.
3. Review the disclosures provided by the Seller. In North Carolina the seller is required to provide the buyer with a disclosure of certain facts regarding the property.
4. If the property has covenants and restrictions, read them. I have seen covenants that limit what trees you can plant and what colors you can paint. Check out your development so you know what you might be facing.
5. Have your attorney hold the earnest money.
6. When you shop for mortgages look at the rate, the costs and do not rule out adjustable rate mortgages if you consider your stay in this home short term.
7. Consider getting a test for radon. I have had multiple NC closings there radon levels have been so high that remediation was necessary under federal guidelines.
8. Always have your own attorney at closing and make sure that an attorney, not a paralegal or secretary, will be walking you through this important investment. Every year dozens of North Carolina real estate attorneys have been forced out of the real estate practice by the NC Bar. You are paying for service, experience and a proven tract record. (If you call a ticket service and say that you want to watch a college basketball game but you only want to spend $20.00 a ticket don't expect to watch championship (UNC) calibre basketball.)
Thursday, July 16, 2009
Sunday, June 7, 2009
Costs are going up -- Save money act now
Have you been putting off filing for a divorce, name change or other civil action? It is June of 2009 and it may be time to pick up the phone and arrange to file that civil action!
Like other states North Carolina is looking for ways to raise revenue without increasing taxes. Once again the Eye of Morodor (the State Legislator) has turned towards courts costs and fees for income. Filing fees may increase dramatically as soon as the budget is finalized. Acting now may save you more than one hundred ($100) dollars.
Like other states North Carolina is looking for ways to raise revenue without increasing taxes. Once again the Eye of Morodor (the State Legislator) has turned towards courts costs and fees for income. Filing fees may increase dramatically as soon as the budget is finalized. Acting now may save you more than one hundred ($100) dollars.
Friday, May 1, 2009
Mortality
The ancients believed that immortality existed. There was a belief that immortals walked among us. Modern thought talks of immortality in terms of genetics. When we have a child that child carries at least a half of the parents genetic material. That genetic material continues through the parents lineage. In a sense by having children a parent becomes imortal. One would argue that our teachers are also, in a sense, immortal. The thoughts, ideas, and concepts of our best teachers are passed on to the teacher's students. The skilled teacher stands before the class and imprints his or her ideas and values upon his class. Great teachers such as Plato have their ideas and teachings passed on though generations and are also in an essence immortal.
What of those that are neither parent nor teacher. Shakespare said that "the evil that men do lives after them, the good is oft inturred with their bones." In Star Trek there was an evil entity that lived on through generations and this entity took over the human host and turned the host into murderers and tyrants. Star Trek postulated that this entity was both immortal and evil. Is pure evil immortal? For generations we will remember the horrors of Gacey, Manson, Hitler and Stalin. Will we retain the same strong memories of our teachers, coaches and professinal role models?
If we are not a great teacher, author, artist or a parent can the avaerage soul gain imortaltiy though his or her actions. Can we prove Shakespere wrong and find imortality though the way we live our life. Perhaps in our death there is a way to meaure how we be remembered. In our death we can identify who will remember our name, our achievements and our deeds. How extraordinary must we be to gain some form of recognition, some form of immortality?
Is there a link between the number of mourners at a funeral and the moral quality of the deceased. Do we earn the presence and respect of the mornors though our actions in life? The other day there was a funeral of a young child. This girl's life was snuffed out by a meaningless murder. The girl's portfolio consisted a life of a child's innocent play and forgetable interactions. How then do we interpret the fact that this child was memorialized by hundreds and recognized and mourned by thousands. Her immortaility came not from her achievments but from being a victim.
What of those that are neither parent nor teacher. Shakespare said that "the evil that men do lives after them, the good is oft inturred with their bones." In Star Trek there was an evil entity that lived on through generations and this entity took over the human host and turned the host into murderers and tyrants. Star Trek postulated that this entity was both immortal and evil. Is pure evil immortal? For generations we will remember the horrors of Gacey, Manson, Hitler and Stalin. Will we retain the same strong memories of our teachers, coaches and professinal role models?
If we are not a great teacher, author, artist or a parent can the avaerage soul gain imortaltiy though his or her actions. Can we prove Shakespere wrong and find imortality though the way we live our life. Perhaps in our death there is a way to meaure how we be remembered. In our death we can identify who will remember our name, our achievements and our deeds. How extraordinary must we be to gain some form of recognition, some form of immortality?
Is there a link between the number of mourners at a funeral and the moral quality of the deceased. Do we earn the presence and respect of the mornors though our actions in life? The other day there was a funeral of a young child. This girl's life was snuffed out by a meaningless murder. The girl's portfolio consisted a life of a child's innocent play and forgetable interactions. How then do we interpret the fact that this child was memorialized by hundreds and recognized and mourned by thousands. Her immortaility came not from her achievments but from being a victim.
Sunday, April 19, 2009
Selecting an Attorney
The other day a young lady called my office and asked how much we charge to conduct a local purchase closing. I have been conducting title searches and closings for over twenty years so I wonder; does this lady select a car by calling around looking for the cheapest vehicle?
How is it that someone that is buying their largest asset can make the closing attorney selection blindly and solely to save a few bucks. New attorneys are cheap and can save the buyer a hundred bucks. There is no substitute for experience and the knowledge that comes from that experience.
So, if that lady caller ever reads this, I hope that you are able to save money and get everything that you deserve; a cheap attorney.
How is it that someone that is buying their largest asset can make the closing attorney selection blindly and solely to save a few bucks. New attorneys are cheap and can save the buyer a hundred bucks. There is no substitute for experience and the knowledge that comes from that experience.
So, if that lady caller ever reads this, I hope that you are able to save money and get everything that you deserve; a cheap attorney.
Championship Thoughts
In 1979 I joined the collection of those that are proud to call themselves UNC graduates. In early March I joined the other UNC fans in proudly celebrating another UNC basketball championship. It is ironic that each of us gets so vested in something that we have so little real connection to. But for a slip of the pen by the admissions officer we would have no connection at all. Yet with this tenuous connection we each get a huge adrenalin rush with each victory and each championship. These are not our children, our parents or even close friend. How do they exercise so much influence over us?
Are we living vicariously through these men that leap, score and defend so well? What is it that gives us such a rush. Whatever we can spend a brief time on Cloud 9 knowing that Carolina is now the Gold Standard for college basketball. UNC graduates its players and ensures that all players feel that they are part of something greater then themselves. They are the UNC basketball family and they will always know that. This program has come to define excellence and we all hope that some of that will rub us on us. Perhaps, in some way, we hope that by association we can feel better about our selves and feel that we too are champions.
Now we wait for the next UNC basketball championship!
Are we living vicariously through these men that leap, score and defend so well? What is it that gives us such a rush. Whatever we can spend a brief time on Cloud 9 knowing that Carolina is now the Gold Standard for college basketball. UNC graduates its players and ensures that all players feel that they are part of something greater then themselves. They are the UNC basketball family and they will always know that. This program has come to define excellence and we all hope that some of that will rub us on us. Perhaps, in some way, we hope that by association we can feel better about our selves and feel that we too are champions.
Now we wait for the next UNC basketball championship!
Friday, January 16, 2009
Musings on the New Year
A new year, a new administration and perhaps new opportunities. With luck, 2009 will represent a seed change in foreign policy, regulatory indifference and the trampling of the civil rights of US residents and citizens.
It is impossible to fix the military and tactical errors of this administration. Partially as a result of a "war" instigated as a result of poor intelligence, a war carried out without foresight, and a conflict that has spread corruption in a manner as insidious and widespread as drugs this Country's military is over extended, the economy is as bad as it has been since the depression. and the population has lost faith in our political, economic and social leaders. Clearly, we all need a clean break from the incompetence of the past eight years.
On a micro level the North Carolina economy is struggling. First Union is gone, Nortel is gone, and Freightliner is on edge. The government tells us that small business are the engine of the economy but we are allowing small businesses to disappear by the thousands. The foundation of the economy is being eroded with any complaint, fight or complaint.
The Banking industry pushed through bankruptcy "reform" now know as BARF. After the Banking industry spent thousands to undermine our bankruptcy law we are left with a banking industry weighing on the back of the taxpayers and a poorly drafted, consumer unfriendly bankruptcy law. We need to return to the bankruptcy court the power to strip unsecured loans, we must end the means test and return the "cram down" power. The banks and credit card companies should not be the only entities that can force new interest rates and debts on the consumer.
We must address issues of health care, housing and an exploding budge shortfall. Now we must find ways to reform government spending and modernize our economy. Who will be our Patrick Henry? Who will find the forum and utilize that forum to mobilize the public behind real economic reform? Perhaps this modest forum can be the home for a lively, intelligent and open discussion of ideas. The chiweenies will keep to their niche; I hope that others will contribute to the dispersion of new ideas.
RADICAL IDEA ONE: Consider for the moment the consequences of states setting a constitutional limit on percentage of the population that can be incarcerated at any point in time. The US has one of the highest percentages of incarceration in the world. This is a reflection of the failure of churches, families, courts and the government. Like the Mullahs of Iran certain portions of our society have convinced the Legislatures that long fixed sentences are a solution for the problem of crime. No one is allowed to question the value or merit of long sentences with out being ostracised as "soft on crime" or indifferent to victims. The effects of Structured Sentencing and other self righteous reform of our criminal lase have turned our society away from concepts of reform, restitution and non-penal control. At great expense we build new prisons and stockpile a large percentage of our society in these kennels we call correctional institutions.
If we force a prisoner limit on our legislator we can force reform and turn away from the idiocy of the current system. Consider the following:
A local lawyer was sentenced to more then 16 years in prison after being snared in an unwise, inappropriate and criminal computer discussion with a person posing as an underage male. This lawyer never touched anyone and there is no evidence that he ever maintained an illegal physical relationship with anyone. Who can really justify 16 years for this type of activity.
In contrast. In a highly publicised case a local woman accepted a plea in case where she had murdered her husband and indirectly caused the death of another person. This woman will serve less time behind bars then the lawyer that corresponded with the faux minor.
To make things worse, when the lawyer gets out of prison he will have to register as a sex offender, he will be excluded from malls, parks and churches. On the other hand the murderess can live next door to you, date your relatives, sing in your choir and she need not tell anyone that she is a convicted killer.
Is it not time to open your window and shout out that the system is broken and that we will not take it anymore? We must Reform the system, force the legislature to value our human assets and help create a modern society that recognize that our sentencing system must value more then punishment and restraint.
It is impossible to fix the military and tactical errors of this administration. Partially as a result of a "war" instigated as a result of poor intelligence, a war carried out without foresight, and a conflict that has spread corruption in a manner as insidious and widespread as drugs this Country's military is over extended, the economy is as bad as it has been since the depression. and the population has lost faith in our political, economic and social leaders. Clearly, we all need a clean break from the incompetence of the past eight years.
On a micro level the North Carolina economy is struggling. First Union is gone, Nortel is gone, and Freightliner is on edge. The government tells us that small business are the engine of the economy but we are allowing small businesses to disappear by the thousands. The foundation of the economy is being eroded with any complaint, fight or complaint.
The Banking industry pushed through bankruptcy "reform" now know as BARF. After the Banking industry spent thousands to undermine our bankruptcy law we are left with a banking industry weighing on the back of the taxpayers and a poorly drafted, consumer unfriendly bankruptcy law. We need to return to the bankruptcy court the power to strip unsecured loans, we must end the means test and return the "cram down" power. The banks and credit card companies should not be the only entities that can force new interest rates and debts on the consumer.
We must address issues of health care, housing and an exploding budge shortfall. Now we must find ways to reform government spending and modernize our economy. Who will be our Patrick Henry? Who will find the forum and utilize that forum to mobilize the public behind real economic reform? Perhaps this modest forum can be the home for a lively, intelligent and open discussion of ideas. The chiweenies will keep to their niche; I hope that others will contribute to the dispersion of new ideas.
RADICAL IDEA ONE: Consider for the moment the consequences of states setting a constitutional limit on percentage of the population that can be incarcerated at any point in time. The US has one of the highest percentages of incarceration in the world. This is a reflection of the failure of churches, families, courts and the government. Like the Mullahs of Iran certain portions of our society have convinced the Legislatures that long fixed sentences are a solution for the problem of crime. No one is allowed to question the value or merit of long sentences with out being ostracised as "soft on crime" or indifferent to victims. The effects of Structured Sentencing and other self righteous reform of our criminal lase have turned our society away from concepts of reform, restitution and non-penal control. At great expense we build new prisons and stockpile a large percentage of our society in these kennels we call correctional institutions.
If we force a prisoner limit on our legislator we can force reform and turn away from the idiocy of the current system. Consider the following:
A local lawyer was sentenced to more then 16 years in prison after being snared in an unwise, inappropriate and criminal computer discussion with a person posing as an underage male. This lawyer never touched anyone and there is no evidence that he ever maintained an illegal physical relationship with anyone. Who can really justify 16 years for this type of activity.
In contrast. In a highly publicised case a local woman accepted a plea in case where she had murdered her husband and indirectly caused the death of another person. This woman will serve less time behind bars then the lawyer that corresponded with the faux minor.
To make things worse, when the lawyer gets out of prison he will have to register as a sex offender, he will be excluded from malls, parks and churches. On the other hand the murderess can live next door to you, date your relatives, sing in your choir and she need not tell anyone that she is a convicted killer.
Is it not time to open your window and shout out that the system is broken and that we will not take it anymore? We must Reform the system, force the legislature to value our human assets and help create a modern society that recognize that our sentencing system must value more then punishment and restraint.
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