<<

THE NC CONNECTION

North Carolina Insuring Entities or Who, Who, Who Resources Are You? Jane S. Barkley, Esq., Senior Commercial Attorney [email protected] CFPB/ALTA Best Practices Corporations have been called invtitle.com/cfpb/nc: CFPB and ALTA the most successful legal fiction. Best Practice articles, manuals, Ambrose Bierce said a solutions, and other resources. corporation was “An ingenious Events & Education device for obtaining individual profit without individual invtitle.com/events/nc: CLE/CPE credit responsibility.” From a title available through live and online courses. perspective, we don’t need to be corporate experts. We simply Articles & Newsletters need to confirm that the entity in invtitle.com/resources/nc: for a the chain of title is valid and in comprehensive directory of past good standing. newsletters, select Articles and Newsletters / Article Directory. In most states, the of corporations and limited liability Forms companies is available online through the Secretary (or states also require a current list invtitle.com/resources/nc: for a sometimes “Department”) of of officers and directors. It is a complete list of forms, select the Forms State. In North Carolina, both good idea to check the officers category. domestic and foreign entities are and directors as well. If your Tools listed at https:// documents are not being signed www.secretary.state.nc.us/ by one of those persons, a invtitle.com/resources/nc: for a search/index/corp. An entity resolution or corporate affidavit complete list of frequently-used tools, “chain of title” showing of authority should be required. view the tools box on the right. origination, domestication, (Continued on page 2) mergers, acquisitions, and so on iTracs are usually listed under the Insuring Entities... 1-3, 5-6 invtitle.com/itracs: proactively entity name. manage your accounts and resolve NC Fun Facts 3 Keep in mind that the name critical issues such as disbursement Claims Corner errors and account irregularities. must be exact because anything 6-8 “distinguishable on the record” is Are Your Trust 8-9 EFLITE sufficient to create a separate Accounts entity. “Exact Corporation” and invtitle.com/eflite: prepare and “Exxact Corporation” are not the Protected? submit forms online. same. This can require you to Branch Profile 10 VIP search for corporate changes or invtitle.com/vip: business solutions and require correction . Most Investors Trust 10 purchasing power

1 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

Insuring Entities... cont. from page 1

This article will provide the title “effective against lien creditors If the corporation has been insurer’s perspective to insuring or purchasers for a valuable dissolved either voluntarily or transactions consideration from the entity administratively by the Secretary involving corporations, limited formerly owning the , of State, it does have the right to liability companies, and only from the time of registration “wrap up” its business affairs partnerships. of a certificate …in the county which would include selling off where the land lies.” NCGS § assets and . NCGS CORPORATIONS 47-18.1(a). § 55-14-05. We can insure those transactions, but we must A corporation is a legal entity The following documents have sufficient evidence of the able to purchase, hold, establish the authority of the nature of the corporate status. mortgage, , exchange, and corporation to conduct the We suggest that you include a sell real estate. The board of proposed transaction and statement in the that directors of a North Carolina should be reviewed prior to explains that the transfer is corporation may act without : being made for the purposes of approval of its shareholders if winding up the corporation the transaction is in the usual  Articles of Incorporation affairs and complies with NCGS and regular course of business. certified by the Secretary of § 55-14-05. If you have a NCGS § 55-12-01. If such sale, State. question about a corporation lease, or exchange is not in the status, contact one of our title ordinary course of business, the  Bylaws set forth the attorneys. transaction will need approval of procedures for the the corporation’s board of shareholders and/or directors If the corporate charter has directors and shareholders. to follow to complete the been suspended for failure to NCGS § 55-12-02. Such transaction. file tax returns or pay taxes approval is usually evidenced by under Chapter 105, “Any act a shareholder resolution.  Certificate of Good Standing or performed or attempted to be Existence from the State of performed during the period of Foreign corporations have the incorporation. suspension is invalid and of no same rights to convey property effect”. NCGS § 105-230(b). (Continued on page 3) as allowed for domestic  Resolution authorizing the corporations. NCGS § 55-15- proposed transaction. 05. They do not have to qualify to do business solely to hold title The certificate of existence “may or convey real property. Holding be relied upon as conclusive title to property is not transacting evidence that the domestic or business, and without more, foreign corporation is in would not require a certificate of existence or is authorized to authority from the Secretary of transact business State. in this State.” NCGS § 55-1-28(c). If a corporation, domestic, foreign, or nonprofit changes its name by amendment or merger, they must file a certificate of the change with the register of deeds of each county where they own real estate. NCGS § 55D-26. Upon merger, the real estate and other property of each corporation is vested in the surviving corporation by operation of law “without reversion or impairment”. NCGS § 55-11-06(a)(2). The transfer is

2 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

Insuring Entities... cont. from page 2 The general rule was that the name is accurate on all the the recorded power of attorney corporation would need to pay closing documents to avoid to the current transaction all taxes and fees, including claims in the future. documents. reinstatement fees, to be able to conduct business and complete It is important to use the correct LIMITED LIABILITY COMPANY a . NCGS notary acknowledgement for § 105-232(a). A recent North corporations. The corporate seal A limited liability company is Carolina Court of Appeals case, is no longer required. See North also a legal entity able to however, has reached a Carolina General Statutes purchase, receive, lease, or different conclusion concluding Chapter 10B for notary otherwise acquire, and own, that NCGS § 55-14-05 trumps requirements. NCGS § 10B-41. hold, improve, use, sell, convey, NCGS § 105-230(b) and that the mortgage, and exchange real revenue suspension does not A word about powers of estate. NCGS § 57D-2-03. invalidate the transfer of attorney: we receive a lot of Unless otherwise stated in the property, if it was done for inquiries regarding the authority Articles of Organization or purposes of winding up. LE of a lender/corporation to Operating Agreement, a written Oceanfront, Inc., et al v Lands delegate by a power of attorney agreement or approval of all End of Emerald Isle Association, to another entity or person to members will be required to sell, Inc., COA14-287 (12/31/2014). sign documents, usually in transfer or otherwise dispose of If there is a sale involving a connection with a or all or substantially all of the corporation under a revenue (“REO”) assets of the limited liability suspension, you will need to get transaction. The powers of company prior to dissolution. the approval of your title attorney are usually recorded in NCGS § 57D-3-03. underwriter. one county alone. The recording in one county is Unlike a corporation, the limited It is also essential that the allowed in North Carolina. A liability company is owned by corporation be in good standing corporation may convey an members instead of if it is the grantee of real interest in real property by shareholders. The authority to property. If it is dissolved, it instrument duly executed by an manage the affairs of the limited cannot take title and the rules of officer, manager, or agent by a liability company is vested in the winding up will not apply. signed and attested resolution of managers and it can be member Piedmont and Western the board of directors managed or manager managed. Investment Corp. v. authorizing the named parties to NCGS § 57D-3-20(d). All the Carnes-Miller Gear Co. 96 execute the documents of members are managers unless N.C.App. 105, 384 S.E.2d 687 conveyance. NCGS § 47-18.3. the operating agreement says (1989), cert. denied, 326 N.C. Most of these servicing otherwise. 49, 389 S.E.2d 93 (1990). We agreements will contain a list of cannot stress enough that we people authorized to sign. It is a (Continued on page 5) have to verify the corporate good practice to attach a copy of

NC FUN FACTS Jockey’s Ridge Jockey's Ridge is found in the Outer Banks coastal region of NC and is the tallest natural sand dune in the Eastern US. It came into being about 7,000 years ago when sand was pushed onto the beaches by storms. On July 25, 1974, Jockey's Ridge was approved as a National Natural Landmark and approx. 152 acres were acquired in 1975 to create Jockey's Ridge State Park. One popular legend concerning the naming results from the practice of racing Spanish Mustangs which came from the ships wrecked offshore. Riders, or jockeys, used the flats at the base of the big dune as the race course. Today, the dune is a popular place for hang gliding lessons. Visit http://www.jockeysridgestatepark.com/ to learn more.

3 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

Pre-recorded courses available at your convenience. invtitle.com/events/nc

SoftPro TRID (Closing Disclosure) Presenter: Gina Webster (non-credit - 80 min) This course reviews ProForm updates related to preparing the Closing Disclosure Form and associated documents.

Integrated Disclosures—General Rules (TRID Module I) Presenter: Holly Szczypinski, Esq. (1 hr CLE/CPE Gen) This first segment of the three-part series will cover the rules associated with the new disclosures that are Effective October 3rd, 2015. Integrated Disclosures—Loan Estimate (TRID Module II) Presenter: Jon Biggs, Esq. (1 hr CLE/CPE Gen) This second segment of the three-part series will cover all of the relevant rules associated with the new Loan Estimate form. Integrated Disclosures—Closing Disclosure (TRID Module III) Presenter: Holly Szczypinski, Esq. (1 hr CLE/CPE Gen) This third segment of the three-part series will cover the rules associated with the new Closing Disclosure.

An Entity by Any Other Name Presenter: Jane Barkley, Esq. (1 hr CLE/CPE Gen) A perspective on insuring real estate transactions involving legal entities such as corporations, limited liability companies, partnerships and churches. Ethics and Standards of Practice (Commercial Transactions Focus) Presenter: Steve Brown, Esq. (1 hr CLE/CPE Ethics) This presentation will examine certain scenarios where technology and response to a new regulatory environment may be changing standards of care for real estate attorneys in ways they may not recognize.

...and many more!

4 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

Insuring Entities cont. from page 3

Managers of a limited liability the articles of organization and ability, however, is subject to the company can be individuals, operating agreement to same condition: that the act be corporations, trusts, estates, or determine the powers and in the usual business of the other entities. Any documents limitations on managers. partnership or that the partner that must be executed must take have authority to act under this fact into account and Like corporations, limited liability NCGS § 59-39. properly list the managers in companies may “wind up” their their correct capacity. The affairs in accordance with NCGS A partner is co-owner with his manager binds the limited § 57D-6-07. And, like partners of specific partnership liability company unless the corporations, the rules for property holding as a tenant in manager so acting has, in fact, charter suspension by the NC partnership. NCGS § 59-55. no authority to act for the limited Department of Revenue would This tenancy is not assignable liability company in the particular also apply, subject to LE Ocean- or subject to attachment or matter and the person with front, Inc., et al v Lands End of execution except in a claim whom the manager is dealing Emerald Isle Association, Inc., against the partnership. It is not has knowledge of the fact that COA14-287 (12/31/2014). subject to dower, curtesy or the manager has no authority. Again, if there is a sale involving widows allowance, so we would NCGS § 57D-3-31. a limited liability company under not require joinder by the a revenue suspension, you will spouses of the partners. NCGS Foreign limited liability need to get the approval of your § 59-55(b)(5). Partnership companies do not have to obtain title insurance underwriter. property vests in the surviving a certificate of authority from the partners unless there are no North Carolina Secretary of PARTNERSHIPS surving partners. In that State, if it is not conducting scenario, the property would business in the state. Owning A partnership is an association vest in the last surviving and selling real property is not of two or more persons to carry partner’s personal considered doing business. on as co-owners of a business representative. A general NCGS § 57D-7-01. for profit. NCGS § 59-36(a). partnership is not terminated on Although a writing creating the dissolution but continues until The following documents partnership is not required, the winding up of partnership establish the authority of the when dealing with real estate, affairs is completed. NCGS § limited liability company to title companies will require a 59-60. See also, NCGS § 59- transact the real estate written agreement. 65. transactions: Every partner is an agent of the If title to the partnership  Articles of Organization partnership and any partner may property, however, is held in the certified by the Secretary of act for and bind the partnership individual names of the partners, State. so long as the act carries on the even if the names are followed usual business of the by the partnership name, we  Operating Agreement sets partnership. NCGS § 59-39. If may need to review the forth procedures and members a partner acts outside the usual documents prior to closing to to authorize the proposed business or without authority, verify that the property properly transaction. that act does not bind the vested in the partnership. partnership. This is why we Accordingly, we may require satisfaction of individual liens  Certificate of Good Standing or would require a written against a partner and joinder by Existence from the State of partnership agreement! a spouse in deeds and deeds of organization. trust. Questions on partnership Where title to property is in the matters should be directed to partnership name, any partner  Resolution of members underwriting counsel. authorizing the proposed may convey title (this includes transaction. sale, lease, mortgage, or any (Continued on page 6) other ) to such The title examiner should verify property by a conveyance that the limited liability company executed in the partnership is in good standing and review name. NCGS § 59-40. This

5 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

Insuring Entities... cont. from page 5 If the partnership is engaging in partnership. The limited partner  Limited Partnership Agree- business under an assumed does not manage and is ment to confirm the authority name, they must file a generally only liable to the of the general partners to enter Certificate of Assumed Name in extent of their contribution to the into the proposed transaction the office of the register of partnership. and authority to execute the deeds for each county in which necessary documents. the partnership is conducting In North Carolina, a foreign business. NCGS § 66-68. limited partnership is required to  Certificate of Good Standing or secure a certificate of authority Existence from the State of There is a case from the North from the Secretary of State to organization. Carolina Supreme Court that is conduct business here. While an excellent discussion of the general partnership rules would Uniform Partnership Act and apply to the limited partnership,  Resolutions of Partners applies it to the specific facts of the certificate may allocate authorizing the proposed the case. I recommend it as a authority in a way that is not transaction. good review of partnership law. apparent between the general Simmons v. Quick-Stop Food and limited partners. This can  Incumbency Certificate Mart, Inc., 307 NC 33, 296 SE2d be problematic in real estate authorizing the individuals 275 (1982). transactions. acting on the Partnership’s behalf. LIMITED PARTNERSHIPS In preparing the title opinion, the attorney should review the  General Partner’s Certificate A limited partnership is a following: certifying the authenticity of all partnership of general partners the Partnership documents. and limited partners. The  Certificate of Limited general partner, usually a Partnership or similar For more on this topic— view corporation or limited liability document to establish the the on-demand course: company, manages the legal entity. An Entity by Any Other Name

CLAIMS CORNER: You Mean You Really Get Claims on Title Insurance Policies? by Carol Hayden, Esq., VP — Senior Claims Counsel

When people ask what I do title insurance premium really they once did. Despite all of our professionally, I reply that I am a helps protect owners and lenders. prevention efforts, claims still claims attorney for a title Certifying attorneys work hard to occur every day. So, what are insurance company. The most prevent title defects through a the most common claims we common response I get is: “Isn’t vigorous due diligence process see at Investors Title today? that boring? You mean you including a title exam, Let’s look at the top five really get claims on title undertaking curative measures categories. insurance policies?” prior to closing, and obtaining (Continued on page 7) Sometimes, the value of title various affidavits from buyers and insurance to owners and lenders sellers. The NC real property gets lost in the shuffle of closing bar, RELANC, and the NC Land activities. Title insurance Title Association have all had an marketing and customer service influential role in promoting focus on policy production. We statutory changes to prevent get busy with important logistics: hidden mechanic’s liens. In the searching for prior policies, past, mechanic’s liens were one getting quotes, issuing opinions, of our top claims but they no and sometimes forget that the longer present the huge problem

6 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

You Mean You Really Get Claims… cont. from page 6

1. Prior Deeds of Trust By far, the largest number of claims submitted result from prior, un-cancelled deeds of trust. These claims range from no loss to huge losses. In many cases, we are able to research prior closings, find evidence of payoffs, and either a) request cancellations; or b) indemnify and continue to insure. In a substantial number of claims, however, the prior lender has already begun foreclosure against the new owner or ahead of our insured deed of trust. This scenario can happen for a number of reasons: due to a prior deed of trust being missed in a search; due to an indexing Don’t get behind! The insured conveyed, the legal description error by which it couldn’t be lender may submit a claim! was incomplete, or the metes found; due to failure to obtain These claims are usually easily and bounds description doesn’t and/or record a subordination; fixed. The certifying attorney close. These errors can result because a prior home equity line promptly submits their final in allegations of loss of priority of credit (HELOC) was paid off, opinion upon notification of the of a deed of trust, but the lender was not asked to claim, the policy is issued, and unenforceability of a deed of close the line of credit and the claim resolved. Sometimes, trust, or failure of a deed to extended further credit; or when however, there is a reason the convey title, although there are the paid-off lender was asked to final opinion has not been often equitable defenses to such close a HELOC account but submitted, especially if a title allegations. If covered, the didn’t. Each example requires defect is discovered post-closing. instrument can often be investigation for possible In the rush to record, don’t forget reformed to cure the defect; defenses, provision of a defense to update first! Promptly notify us however, in some instances, – if covered, and/or payoff of a upon discovery of a title defect. there may be no coverage. valid prior lien. It’s often easier to fix those Example: the legal descriptions defects right after closing than for two are switched by 2. The Final Policy two years down the road. the developer. Owner A purchases lot one but is deeded Insured closing protection letters 3. Errors with Legal lot two, and Owner B purchases are commonly issued to lenders Descriptions prior to closing. Lenders lot two but is deeded lot one. Claims for legal description errors frequently file claims, if they Although Owner A has been come from both owners and haven’t received their policy living in lot one, he has title to lot lenders. Sometimes, the error is a within 90 days after closing. two, and his title insurance simple and obvious typo that can Closing attorneys get busy with policy reflects ownership of lot be easily remedied with a urgent closings on their calendar two – no covered title defect, corrective affidavit, but at times and sometimes put post-closing although there is still a problem. the error is more significant: no activities on the back burner. A survey would certainly have legal was attached to a deed or Then, it’s easy for the final revealed the property that each deed of trust, the wrong legal was opinion preparation to pile up. party was actually acquiring. attached, the wrong lot was (Continued on page 8)

7 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

You Mean You Really Get Claims... cont. from page 7 And, in fact, many description in wrong capacity; and documents that include an errors could be prevented by h) improper notary execution. indemnity signed by sellers, who obtaining a survey prior to Sometimes the defective agree to pay any pro-rata taxes closing. I may be preaching to instrument can be re-executed by or assessments that were the choir, but the importance of the appropriate party. But, what if unknown at the time of closing surveys cannot be the issue is discovered after the but which were seller’s overemphasized! party is deceased? Reformation responsibility and related to their actions can often remedy these tenure of ownership. This 4. Grantor/Grantee and defects, but priority or validity document certainly helps us Execution Errors issues may arise. recover these kinds of losses. This category of errors comes in 5. Prior Real Estate Taxes and I could go on and on: prior several forms, including: Assessments judgments, boundary disputes, a) failure of a co-owner (tenant unknown easements, in common, tenants by the Sometimes special assessments encroachments, lack of legal entireties, holder of a life estate, are just missed. In many cases, access, recording errors, prior or a remainderman) to execute though, the governmental outconveyances, fraud, a deed or deed of trust; authorities have not given correct forgery… I’ve seen it all in my b) failure of all the heirs to information regarding outstanding job and can assure you that execute a deed; c) incorrect taxes or assessments, and claims are not boring! grantor name listed in an payoffs are not made or fall short instrument; d) incorrect grantee as a result. Fortunately, more name listed in an instrument; e) and more counties are keeping failure of a spouse to grant their better electronic records with ~ marital interest; f) incapacity of easy access for the public. Many grantor; g) document executed attorneys have standard closing

Are Your Trust Accounts Protected? by Todd Murphy, SVP — Finance

In recent years, many attorneys attorney’s local jurisdiction. The closing date has been reached, have been targets of trust fraudster offers the attorney the and that the debtor will be account scams established opportunity to earn a fee sending a certified check to the through email, typically involving contingent upon successful attorney to cover closing costs. an intricate scheme using closing and typically includes a The second email directs the documentation that appears to signed engagement letter to attorney to deduct his fees for be genuine and often refers to make the transaction appear administering the closing and to legitimate companies. legitimate. Often, the wire the remaining funds to a documentation sent to the designated bank (typically an Nowadays, real estate attorneys attorney is on official-looking international one) and account must vigilantly defend their trust letterhead and includes email number. accounts against many types of addresses, a physical address, fraud risks. One common a website address, telephone Upon receiving the certified scheme in particular is aimed numbers, company names, and check, the attorney does as directly at attorney trust the names of real people who directed and deposits the money accounts. The scenario begins are recognizable and appear into the trust account, initiates with an attorney receiving an legitimate. the international wire, and email from a potential client deposits the contingent fee into seeking local representation to Usually within a day or two, the the operating account. The settle a collection against a fraudster follows up with a money is delivered to the debtor party located in the second email notifying that the scammer and the file appears to (Continued on page 9)

8 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

Are Your Trust Accounts Protected? cont. from page 8

be closed; however, a few days While scams like this and others and/or have bank review after depositing it, the certified are prevalent today, there are suspicious checks check is returned by the bank to things you can do to protect the attorney as bad or your business:  Call to confirm parties on counterfeit. The wired funds are each matter now long gone, of course, and  Be suspicious of emails from  Avoid email links through cannot be retrieved. The bank clients you do not know websites puts the attorney on notice that  Avoid acting quickly to wire he is responsible for replacing  Avoid international wires the wired money with legitimate funds funds.  Keep proper insurance  Evaluate checks and coverage (E&O, Cyber, certified checks carefully Surety/Fidelity)

 Reconcile accounts daily to monitor for fraudulent activity

 Encrypt email

 Keep anti-virus and phishing filters updated

While doing all of these things can seem overwhelming, Investors Title offers services that can help you with protecting your trust accounts.

® iTracs® offers customized escrow accounting Investors Title offers iTracs , a services with the following available features: trust account reconciliation  Daily or monthly reconciliation options service. This service helps you  Automated matching of receipts and better manage your accounts on disbursements a daily basis which can help  Three-way reconciliation avoid costly mistakes and fraud  Customized timely alerts of irregularities or while saving you time and critical errors money. For more information,  Daily monitoring to help you detect potential please contact problems before they become unrecoverable [email protected] or visit  Consulting and training www.invtitle.com/itracs.  Audit assistance To help with other email  Cleaning up old problems and catching up prior months’ reconciliations encryption, insurance coverage, and compliance services,  Integration with your bank’s positive pay system Investors Title offers its VIP  Reverse positive pay program to connect you with  Separation of conflicting duties vendors who can help you run and protect your business at pre -negotiated volume pricing. In addition to fraud-related services, VIP offers discounts on shipping, office supplies, and travel. Learn more at: www.invtitle.com/vip.

9 | NC Connection | Sept 2015 We Know North Carolina invtitle.com THE NC CONNECTION

[email protected] 800.653.4842 / F 800.659.3084

Wilmington Branch

Having opened in Oct. 1979, the Wilmington branch will soon celebrate 36 years of operations! Its current team members include Jodi Sollosi as the office manager and Rosie Howell, underwriter. Angie Willis is the marketing manager.

Investors Trust: Fortner v. Hornbuckle In a 28-page decision, the North Carolina Court of attach a nearly $250,000 joint checking account at the Appeals has ruled that the administrators of an estate State Employees’ Credit Union “for the payment of will need to re-litigate a lower court’s decision that [Fortner’s] debts.” At the trial level, a jury ruled in favor resulted in a significant financial award to them for of the administrators, awarding them more than estate taxes that were incurred because of gifts that the $850,000 for the taxes that the estate incurred by decedent allegedly made during life and joint property including the real estate in Fortner’s taxable estate. he owned with a non-spouse at the time of his death. The jury also awarded the full value of the joint The case developed after Johnnie Fortner, Sr., died checking account to the administrators. Lynda and intestate in January 2007. Before his death, Fortner her son appealed, and the appellate court reversed. and Lynda Hornbuckle Fortner had held themselves out In reaching its decision, the appellate court said there to the public as a married couple for nearly 20 years, was “sufficient evidence” that Fortner never intended but they never married. In the Fall of 2006, Fortner to relinquish control of the real estate, so the question executed several real estate deeds that conveyed of whether the deeds constituted completed gifts had several parcels he owned either to Lynda or to her son, been properly put before the jury. But both that issue Jonathan. He gave those deeds to Lynda in a manila and the questions surrounding the ownership and envelop, told her to put them in a safe place, and “keep taxation of the joint account had been presented with [her[ mouth shut” about the apparent gifts. Those jury instructions that were confusing and would “likely deeds were only recorded in February 2007, two weeks mislead [them].” Accordingly, the Court concluded after Fortner died. In June 2011, Fortner’s sons, as that “the trial court committed prejudicial error in its administrators of Fortner’s considerable estate, filed instructions [and] we remand this matter for a new suit attempting to collect the estate taxes that were trial.” attributable to the transferred real estate because those --Fortner v. Hornbuckle, No. COA13-1209, N.C. Ct. parcels had been App. 8/5/15 Sign Up for Investors included in his taxable estate. This article is provided for informational purposes only and does not constitute legal advice. Trust Company’s The administrators Communications also sought to www.invtrust.com

10 | NC Connection | Sept 2015 We Know North Carolina invtitle.com

Click here for details and to register.

11 | NC Connection | Sept 2015 We Know North Carolina invtitle.com Value in Partners! VIP connects you to extraordinary purchasing power and ALTA Best Practices solution providers! The Value in Partners (VIP) program utilizes Investors Title’s extensive network of vendor partners to bring our approved attorneys, agents, and other business partners unprecedented business connections and purchasing power. • Enjoy pricing and service typically available only to large companies • Connect to ALTA Best Practices providers • Link to discounts from key vendor partners in the following areas: Background Checks Retail and Gifts Best Practices Settlement Services Computers Shipping and Office Supplies Information Security Title Software Insurance Travel Sign up and start saving – invtitle.com/vip 800.326.4842 | [email protected] Value in VIP Partners