Reminder to Respond to E-Closing Survey

By Brian Byrd

This is a reminder that today is the deadline to submit a response to the Secretary of State’s E-closing survey as described in my blog post of September 4. Your feedback is vital as we consider measures to facilitate remote closings now and in the future. If you have not done so, please take a few minutes to respond to the survey at [if the survey does not automatically launch, just right click on it, and select “open hyperlink”].

The deadline to submit the survey is today, September 14, 2020.

We appreciate and value your opinions on this important topic.

Secretary of State’s E-Closings Survey: Provide Your Feedback Today

By Brian Byrd

As Chair of the North Carolina Bar Association Real Property Section, I am reaching out to you on behalf of the North Carolina Department of Secretary of State’s Electronic Mortgage Closing Advisory Committee (the “E-closing Committee”) to seek your help and participation in the below survey. The purpose and intent is to seek feedback from you on your perception of the current state of adoption of electronic mortgage closings and what you feel may be barriers to adoption.

This survey, of course, is completely voluntary, and we have been assured that it will be kept completely blind, anonymous and confidential. We have also been assured that they will not collect any contact or email information.

With COVID-19 and temporary stay at home mandates, the E-closing Committee feels that, now more than ever, people are looking for alternatives to closings that promote as limited contact as possible. But many are still hesitant to implement a solution. The E-closing Committee hopes you will share your understanding, opinions and concerns through this survey so that the E-closing Committee may better address them. Your participation and input is invaluable as the E-closing Committee is working to ensure that we have appropriate tools in place to enable loans to be closed securely and safely during this pandemic and afterwards.

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Welcome Message from the Real Property Section Chair

By Brian Byrd

I hope this message finds you well. I am honored to be the Chair of the Real Property Section for the 2020-2021 NCBA year. Joining me on this year’s Executive Committee are Vice-Chair Christina Pearsall with Schell Bray PLLC in Greensboro, Secretary-Treasurer Lindsay Thompson with The Van Winkle Law Firm in Asheville, and immediate Past Chair Brian Taylor with White & Allen P.A. in New Bern.

As a Section, we owe Brian Taylor a debt of gratitude for his steady guidance during the past year, particularly after the onset of the COVID-19 pandemic. Brian coordinated the Section’s response to the unprecedented challenges to our profession wrought by the pandemic, including measures intended to facilitate the provision of legal services despite business and government office closures, social distancing and economic upheaval. With the Section’s support and in concert with advocacy by other stakeholders in the real estate industry, the Good Funds Settlement Act was temporarily amended to allow disbursements prior to recording of the deed, subject to compliance with certain conditions and requirements, when the applicable Register of Deeds is not accepting documents for recording. In addition, with the Section’s support, the General Assembly adopted legislation temporarily allowing notary acknowledgments to be completed remotely by video. I would like to acknowledge and thank Nancy Ferguson for the significant role that she played in guiding the Section’s efforts with respect to both of these measures.

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Report from Real Property Section Council Meeting

By Brian Z. Taylor

Real Property Section Members,

I hope that you are managing well in this COVID-19 world we find ourselves in today. It is an understatement to say that it has definitely changed our lives and had drastic effects on how we conduct our law practices and businesses. I want to let you know that your Council and NCBA leadership have been working diligently with other groups involved in the real estate industry to help keep us “open for business” and develop alternatives that may be necessary to allow that to happen. The Council held a special call in/Zoom meeting this past Monday to discuss and strategize on what is happening and what may need to happen.

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