Alerts

For lawyers handling real estate closings, it’s important to know that seller fraud continues to rise, especially with the upcoming holiday season when distractions are high, and fraudsters are active.    Read More +

Lawyers Mutual has published previous alerts regarding the new filing requirements under the Corporate Transparency Act (“CTA”) that went into effect January 1, 2024. After reviewing additional resources, we want to emphasize concerns that we have about the risks and increased potential liability for lawyers undertaking the reporting requirements. This is especially true for the continuing reporting requirements after entity formation and initial reporting.   Read More +

The North Carolina Administrative Office of the Courts (NCAOC) recently announced additional go-live plans for counties transitioning from paper files to Enterprise Justice (Odyssey), which currently serves Harnett, Johnston, Lee, Mecklenburg and Wake counties. Twelve northeastern counties comprising Track 3, as previously announced, will go live on February 5, and 10 counties comprising Track 4 (Alamance, Chatham, Durham, Franklin, Granville, Guilford, Orange, Person, Vance and Warren) will go live on April 29.    Read More +

Lawyers Mutual has been notified about the following fraudulent activity relating to the Corporate Transparency Act: FinCEN has been notified of recent fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements under the Corporate Transparency Act. The fraudulent correspondence may be titled "Important Compliance Notice" and asks the recipient to click on a URL or to scan a QR code. Learn more about the Corporate Transparency Act. Read More +

Beginning January 1, 2024, the Corporate Transparency Act (“CTA”) goes into effect and will impose stringent Federal reporting requirements on many small businesses. The CTA was passed by Congress to enhance transparency in entity structures and ownership in an effort to help the government combat money laundering, foreign interference, fraud, and other illegal activities.   Read More +

Given the recent rash of dismissed appeals based on appellate rules violations, we recommend our policyholders read the article linked below. We urge lawyers to reacquaint themselves with the rules and share the information with all pertinent staff.     Read More +

“Follow the money.” We’ve learned over the years that following the money is the approach used by online fraudsters. Read More +

The Odyssey eCourts File and Serve go-live date for the four pilot counties (Wake, Harnett, Lee & Johnston) is rescheduled for Monday, February 13, 2023. Read More +

As part of North Carolina’s eCourts initiative, the N.C. Administrative Office of the Courts (NCAOC) will be introducing a new eFiling system, known as File & Serve, that will allow attorneys statewide for the first time ever to submit documents and case filings online. This new capability will launch later this year in four pilot counties: Harnett, Johnston, Lee, and Wake. Read More +

The House and Senate both approved House Bill 776, and Governor Cooper signed the Remote Online Notarization (RON) into law on July 8, 2022.   This legislation allows notaries to identify individuals and notarize their signatures using internet technologies. Homebuyers, for example, will be able to close loans and buy houses remotely.   Read More +

The Supreme Court of North Carolina has adopted amendments to the North Carolina Business Court Rules. The Supreme Court’s order amending the rules was adopted on 15 June 2022 and is effective on 1 July 2022.   Among other things, the Supreme Court’s order amends the rules related to formatting, sealed documents and protective orders, hearings and conduct, motions and briefs, and pretrial hearings. All interested persons are encouraged to read the Supreme Court’s order in its entirety.   Read More +

On June 6, 2022, the US Supreme Court issued its opinion in Gallardo v. Marstiller, Sec’y of the Fla. Agency for Health Care, 2022 U.S. Lexis 2683, and held that the Medicaid Act permits States to seek reimbursement from settlement payments allocated for future medical care. The full opinion can be read here.  Read More +

Wire fraud was a problem prior to Covid-19; however, with the increase in remote work spurred by the pandemic, wire fraud has increased.  Cyber-attacks have occurred in every sector of life and attorneys are not immune.  In fact, real estate attorneys are a prime target for cyber criminals. Read More +

In 2021, Congress enacted the Corporate Transparency Act (CTA) of 2019 as part of the National Defense Authorization Act for Fiscal Year 2021. Read More +

Wire Fraud losses continue to plague real estate transactions, resulting in millions of dollars of losses around the country. The most common scenario is the buyer receiving altered wiring instructions. The State Bar is now holding the closing attorney accountable for this loss even though the closing attorney did nothing to cause the loss. Read More +

Yesterday, the Supreme Court of North Carolina issued an administrative order regarding motions for the disqualification or recusal of supreme court justices. The order indicates that the Court shall assign the motion to the justice who is the subject of the motion for their determination.   Read More +

This is to alert you that, despite the vigorous efforts of the Secretary of State’s Office and others to obtain a timely extension, it appears the Emergency Video Notarization law will expire on December 31, 2021 unless the General Assembly takes further action. Read More +

The Supreme Court of North Carolina has adopted amendments to the North Carolina Rules of Appellate Procedure. Read More +