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A Tradition of Competence

Two of the most common client frustrations are lack of information and lack of communication.  Here, at Harvell and Collins, P.A., we try to do our very best to disseminate useful legal information and increase communication.  Our BLOG is just one way that we attempt to accomplish these objectives.  Please read through our entries and if there are any particular topics you would like addressed let us know.

 

What is an Absolute Divorce?

Absolute Divorce in North Carolina  In North Carolina, an absolute divorce refers to the legal dissolution of marriage. North Carolina is a “no fault divorce” state and there are only two bases for divorce in North Carolina – separation for a year or legal insanity, w… Read More

What is Discretionary Review?

Discretionary Review As noted in our prior post, the North Carolina Court of Appeals ordinarily reviews appeals from our state trial courts.  After the Court of Appeals has rendered its decision, a party may seek review before the North Carolina Supreme Court, the highest appellate cou… Read More

How about a Foreclosure?

Power of sale foreclosures A foreclosure occurs when a borrower ceases making payments to its lender and the lender seeks to recover the balance of the loan by forcing the sale of the asset, often a house or real estate, securing the debt. Generally, there are two methods of foreclosure. … Read More

Appeals? What is the right Court?

Appeals:  Are you in the right court?   As noted in our previous post, North Carolina has two appellate courts, and each has its own unique jurisdiction over various appeals.  If litigation has progressed to the appellate phase, an attorney must ensure to file his appeal in t… Read More

North Carolina Appellant Courts

Appellate Practice:  North Carolina’s Appellate Courts North Carolina has two appellate courts.   The North Carolina Court of Appeals is the State’s intermediate appellate court.  The Court of Appeals consists of fifteen judges that hear cases in panels of three.… Read More

What is an Appeal?

Appellate Practice:  Introduction  Imagine that you have just been through a two-week jury trial.  Though stressful, you prevailed and received a favorable judgment.  Perhaps due to the impression given by television dramas or Hollywood blockbusters, you believe the liti… Read More

What is a Guardianship?

Guardianships and Incompetency Caring for an incapacitated loved one can be emotionally draining and legally challenging.  Dealing with the heightened emotions that come with an illness or disability in the family is challenging enough without even considering the legal consequences of… Read More

Does my spouse have to sign my deeds in the State of North Carolina?

Yes.  In the State of North Carolina, the joinder of a spouse is required to pass clear title.  The exception to this rule would be if there is a free trader or pre nuptial agreement. Yes, we all understand that the title into our spouse may have been inherited property or even pr… Read More

DO I NEED A LAST WILL AND TESTAMENT? YES!

There simply are NO ifs, ands, or buts!  ALL of us need a Last Will and Testatment.  Unfortunately, we see more and more on a weekly basis the negative results of good persons dying with no Last Will and Testatment.  Keep in mind that when there is no Last Will, the State of N… Read More

What type of real estate ownership do I have?

There a several types of real estate ownership in the State of North Carolina.  The most common type of ownership is known as tenants in common. This is when you own a part of a property, but not 100%.  So, if you inherit property with your siblings, or have property with a busines… Read More

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