Tar Heel Lawyers Blog

Audio Clip of Rob's 4th Circuit Argument

2011-12-15T18:08:00.000-08:00

Here's the link to the oral argument I made before the 4th Circuit Court of Appeals in the John McCormick Bankruptcy Case on December 7th. I represent Mr. and Mrs. Macky who lent $60,000 to John McCormick. My part is about 2/3 of the way through, after the attorney for Suntrust Bank opens and my colleague, David Rooks, speaks for the trustee. It was the longest 10 minutes of my life! But I think my argument was well received, and the judges seem to hammer the Suntrust attorney afterwards, even saying "Mr. Maitland said...." Keep your fingers crossed, we have been fighting this case for 5+ years!

http://coop.ca4.uscourts.gov/OAarchive/mp3/10-2027-20111207.mp3

Rob Maitland to argue before United States 4th Circuit Court of Appeals!

2011-11-28T14:11:00.000-08:00

Rob Maitland is one step away from the United States Supreme Court!

It is estimated that approximately 88 million cases are filed at the state level in the U.S. annually. Less than 1% of all cases are appealed to the intermediate state level. So it's very rare when your case is appealed from State Court to Federal Court and then chosen to be heard for oral arguments at the U.S. 4th Circuit Court of Appeals. The only appeal higher is the United States Supreme Court.

On December 7, 2011, Rob Maitland will be arguing for Marc and Maryann Macky in Suntrust Bank, N.A., v. Macky, Northern, et al before the U.S. 4th Circuit Court of Appeals in Richmond, Virginia. The case arises from a case of first impression involving Orange County's real estate recording index which is unique to all other counties in North Carolina. Rob represents Mr. and Mrs. Macky who properly recorded a deed of trust in first position to secure a loan.

The problem? Suntrust Bank thought it had recorded a lien on the same property and one other several years earlier, but only put one Parcel Identification Number (PIN) on the deed of trust when it was recorded. Because Orange County registers all properties only by PINs, the Suntrust deed of trust was only effective against the one property and not the property the Mackys placed their lien upon. So, the Mackys are protected and Suntrust is not.

To make things more interesting, this case arises from the bankruptcy of John McCormick, a notorious local attorney who allegedly absconded with several million dollars of clients' trust funds. If Rob and the Mackys prevail, the Mackys will be paid the full amount owed to them by Mr. McCormick's bankruptcy estate and Suntrust will not be considered a "secured creditor" by virtue of its defective deed of trust. Suntrust will join the pool of "unsecured creditors" to be paid from the bankruptcy estate on a prorata basis. If Suntrust prevails, the Mackys will still be in a secured position but the Suntrust lien will likely swallow any equity remaining in the property and thus the Mackys will effectively become unsecured creditors.

So far, Rob and the Mackys have won at the Durham Federal Bankruptcy Court (twice) and the Greensboro United States Middle District Court. Keep your fingers crossed they win in Richmond!

9/27 Chapel Hill 2020 Meeting- East Chapel Hill HS

2011-09-20T10:11:00.000-07:00

Rob Maitland is proud to have been appointed to be a leading member of Chapel Hill's 2020 Project, a new Comprehensive Plan to reexamine the vision for Chapel Hill and our community's future. The new planning and visioning document will create a framework for the community to guide our Town Council in managing Chapel Hill's future over the next 20 years.

Rob believes that too often politics can be controlled by vested interests on the extreme 10% of each side of an issue. Chapel Hill 2020 is committed to hearing the voices of the "80% of us in the middle" and that's why we encourage you to participate in the process. Now is your chance to make a difference!

The first meeting is from 5:00-8:00 p.m. on September 27th at East Chapel Hill High School. Please come for all or part of the meeting, child care is available. You can get more information at http://www.chapelhill2020.org/

Hire Power

2011-06-10T09:37:00.000-07:00

Hiring A New Employee Takes Preparation

If you want to grow your business, sooner or later you're going to have to get some help. But hiring can be tough. Sure, it's nerve racking when you're the one looking for a job. But surprisingly, it's also intimidating when you're on the other side of the desk, looking to hire just the right person to help grow your company. With the proper preparation, however, you'll find just the perfect person or people to add to your team. You won't have to do everything alone, and they'll help take your business to the next level.

Ten Hiring Do's and Don'ts:

DO write a clear job description. It is tempting to just jot down a quick job description when it's time to place a help-wanted ad. But developing a clear job description is actually key to hiring success. It helps you attract exactly the right applicants, saves you time and helps you understand exactly what interview questions to ask and what tasks you'll assign to your new staff member.
DO be realistic. While it's typical in a small business for people to wear many hats, consider whether one real live person can manage very different tasks.

DO interview several candidates. Even if you're really excited about on applicant, you'll have a better idea if he or she is really the right person for the job if you interview at least three prospects in person.

DO be prepared. When interviewing, have a list of questions ready and be sure to ask the same questions of every candidate, as well as questions based on each individual's own resume.

DO hire for attitude, train for skills. If you find someone with a can-do and will-do attitude, that'll be more important in the long run, than someone with exactly the right experience or education. Look for willing, eager-to-succeed employees and train them for the specific job tasks.

DON'T be in a hurry. Keep looking until you find the right person. Of course, you'll never find someone who's exactly perfect, but filling a position just because you need someone now is likely to lead to problems later.

DON'T do all the talking. When you're conducting an interview, it's typical to just start talking. You'll want to tell the applicant about the job and your company, but you won't learn enough aout an applicant if you do all of the talking.

DON'T be overly impressed by credentials. It's easy to be swayed by names of big corporations or leading universities on a resume. But remember, you're looking for the best candidate, not the best resume.

DON'T be swayed by your first impression. For important jobs, arrange for a second in-person interview with your top prospects. Also be sure to check references.

DON'T make - or imply - promises of job security or future raises. For legal reasons, be careful not to say anything that can be misinterpreted as an implied contract, such as "I never fire anyone," or "You'll be here for at least five years." It's a good idea to give new hires an offer letter by spelling out their pay and benefits and making it clear that they're an at-will employee (meaning you can terminate them without cause).

We hope that these tips helped! If you would like to see the original article, check out The Costco Connection, Hire Power, by Rhonda Abrams.

Updated News on Interest Rates

2011-05-31T10:55:00.000-07:00

Great News! Interest Rates have hit new low for 2011

We want you to know that rates have moved to their lowest levels of the year.

30 year fixed rates are back in the low to mid 4's

5 year arms are in the high 2's and low 3's

Jumbo rates have moved to their lowest levels ever with 30 year fixed rates in the mid 4's.

If you have been thinking about refinancing or buying a new home, now is the time. Remember, we recommend that you always use a local lender. Please feel free to contact Rob Maitland for recommendations or to discuss your current financing needs.

2011-05-26T09:42:00.000-07:00

How To Estimate Your Blood Alcohol Content (BAC) Using This Chart

1. Find your weight in the left hand column

2. Match your weight with the number of “Drinks” you have consumed

3. Subtract .015 for each hour that you have been drinking to compensate for alcohol that your body has processed during that time

Get Out of Jail Free!

2011-05-11T09:20:00.000-07:00

Our Special Offer to You - Don't Miss Out!

As your hometown law firm, we are proud to ofer a big discount through our famous "Get Out of Jail Free Card!"

Buy a voucher for just $75 and you will be entitled to $175 in attorney's fees. That's enough to cover a traffic ticket defense - and let's be honest there is a good chance you'll get one of those within the next year!

Think of this special voucher as a "Keep My Insurance Points Minimized Card." We can't guarantee results, of course, but we do promise to vigorously defend your rights!

Also keep in mind that the card is not limited to traffic tickets. You can use the "Get Out of Jail Free Card" for many other legal services - maybe drafting your will that you've been putting off, or help with a real estate closing that you know is just around the corner.

This voucher is good for one year, so why not take advantage of this rare offer and save big the next time you need legal help! But don't wait long - you have until Wednesday May 11 at 11:59pm to purchase the voucher!

Click here for purchasing and other important information!

2011-05-09T15:00:00.000-07:00

Make Like a Dragonfly

The Dragonfly Effect is what happens when you coordinate four small activities to produce BIG results. It is named after the only creature that is able to move in any direction with tremendous speed and force when its four wings are working in concert.

In their book, The Dragonfly Effect:Quick, Effective, and Powerful Ways to Use Social Media, Jennifer Aaker and Andy Smith teach readers that "small actions create big change" and help them harness social technology to achieve a single, focused, concrete goal. The authors remark, "It is remarkable how many businesses don't take the time to collectively understand why they are on Facebook, why they are on Twitter and what is their single-purpose goal.

The book teaches 4 key skills - focus, grab attention, engage, and take action. The book also explains how to coordinate them with social technology to spark measurable results.

Get Personal. Find personal hooks that range from physiological to self-actualization needs. Make sure that the personal hooks can be understood within seconds to make them work best.

Deliver the unexpected. People like consuming and then sharing awe inspiring information. Draw them in by piquing their curiosity. You can do this by re-framing the familiar in a creative way.

Visualize your message. Show, don't tell. Photos and videos speak millions of words. Synthesize your thoughts with quick visuals and show them to your point of view for feedback.

Make a visceral connection. Design your campaign so that it triggers senses - sight, sound, hearing, and taste. Music is powerful and can often tap underlying emotions.

This simple tips and ideas can work magic! Try them out and see for yourself.

Citing "Make like a dragonfly". The Costco Connection: April 2011. pg 13.

It's almost Friday!

2011-04-27T07:50:00.000-07:00

Fun Fact of the Day: Approximately one sixth of your life is spent on Wednesdays.

We hope that everyone is having a great week so far!

What's up with Real Estate?

2011-04-25T07:50:00.000-07:00

Since interest rates are creeping up, now may be a good time to sell or buy a home. Yes, we said now may be a good time to sell or buy a home. As long as interest rates remained stable, potential buyers and sellers could afford to remain indecisive. Even though rates are still at an all time low, people are motivated to take action since waiting could mean a higher rate and a larger mortgage payment.

GETTING OFF THE FENCE
According to Scott Dixon, president of the real estate division of Network Communications Inc., in the real estate market, inventory and selection are good, home prices remain flat and sellers are motivated and more likely to work with buyers on price. So whether you are a first time buyer, looking for a move-up home or hoping to downsize, now is a good time to make a decision.

Interest rates are not going to double this year, but they are going to continue inching up. The more rates go up, the more people will feel the pressure to make a decision about buying. This is a great thing for the real estate market, for home buyers and for home sellers.

NEW RULES, REGULATIONS, AND RESTRICTIONS
So, what is the bad news? New and pending regulations in repsonse to the mortgage lending crisis mean new loans and refinancing will be more complicated, more time-consuming and more expensive. Expect higher fees, higher mortgage insurance payments and bigger down payments. This means that there will be fewer 0 to 5 percent down-payment loans. Instead, there will be more 10 percent down requirements.

The federal government is also working to shrink its footprint in the housing market. During the lending crisis of the last few years, the federal government has guaranteed more than 9 out of every 10 new mortgages. The Obama administration said earlier this year that it wants to move more mortgages back to the private sector. The administration plans to gradually reduce new loans made by the federally controlled lenders popularly known as Fannie Mae and Freddie Mac. Meantime, the Federal Housing Administration (FHA) will be strengthened but won't take over the market share left by Fannie Mae and Freddie Mac.

Some of the regulations took effect late last year. Others, including the Dodd-Frank Wall Street Reform and Consumer Protection Act, take effect this spring and later this year. Additional rules take effect in 2012, and others are still in development. All in all, the sooner you act, the more likely you are to dodge at least some of the new and upcoming requirements. This could mean less hassle, and more smooth sailing, which is always a good thing.

PAPERWORK CONFUSION
The new rules are intended to protect consumer, hut they also are incredibly confusing and contradictory. It is guaranteed that the cost of doing a mortgage is going to increase and it will be a longer process on top of that. Borrowers will have longer to review all of the disclosures in their mortgage loan; however, this means that they will need a longer lock-in period for the interest rate, which costs more money.

Most borrowers want to know two critical things: their total monthly payment and how much cash they will need to bring to the table at closing. But the new three-page-settlement forms that replaced the former one-page form don't break down this information. As for refinancing, most people who could and should refinance did so by the end of 2010. When rates hit 5 and 1/4 percent in December, refinancing ground to a halt. If you decide to do refinance, just allow for more time - just as you'll need to do for a mortgage. The days of getting it all done in a week are long gone.

SUMMARY & KEY POINTS:

Fewer loans from the federal lending programs popularly known as Fannie Mae and Freddie Mac

Higher fees for Fannie Mae and Freddie Mac

Gradually increasing down payments for Fannie Mae and Freddie Mac loans to 10%

Higher mortgage insurance payments on FHA loans

Higher credit scores required to qualify for the FHA's most favorbale loan terms

Longer disclosure forms

Citing Karen Haywood Queen's article "What's up with real estate? in The Costco Connection. p 27. April 2011.

Happy Easter!

2011-04-25T07:27:00.000-07:00

We hope that everyone had a wonderful Easter weekend and enjoyed spending time with loved ones!

Sincerely,

Maitland Law Firm

2011-04-11T09:18:00.001-07:00

Working with Uncle Sam:

Federal Contracts for Small Businesses

It's not as if Charlene Turczyn is outiftted in an Uncle Sam costume, hut her affinity for the federal government is undeniable: Her Springfield, Illinois-based firm, CMW and Associates, derives all of its revenues from Uncle Sam.

The federal governemnt- the world's largest purchaser of goods and services, buying everything from food to military weapons parts to management services- offers a potentially super-size outlet for small businesses. Small firms won a record $96.8 billion in federal prime contracts in fiscal 2009, representing almost 22 percent of all federal spending.

"The federal government can be a good avenue for increasing small business revenues," says Margot Dorfman, vice president of the National Association of Small Business Contractors (NASBC). The NASBC is a 200,000-member Washington, D.C., trade association that helps small firms do business with the federal governemnt and prime contractors.

It can be challenging though. For many small businesses, it may require considerable capital and effort- and patience. A recent survey by American Express' small business division, reports that it took an average of 1.7 years for "active" small companies to land their first prime contract with the federal government.

Still, for amny businesses, it is worth the effort, especially during a downturned economy. Fortunately, help with federal government procurement comes from many quarters, including agencies that sport small business outreach offices (www.osdbu.gov/offices.html). Another key source is the U.S. Small Business Administration and free online training courses on how to do contracting work. Here are some recommendations that are valueable tips for securing government contracts.

Know yourself. Understand your core competencies and offer products and services that you know you can deliver.

Register your interests. Any firm doing business with the government has to follow certain set procedures. The company should first obtain an "identifier," such as a Data Universal Numbering System, or DUNS, number, a unique nine-character number that the government uses to identify the organization. Companies must also be registered in the Central Contractor Registration (http://www.ccr.gov/) database. This online portal creates a formal record for companies while also enabling federal agencies and prime contractors to find small-business contractors.

Know Uncle Sam. Research what types of goods and services are purchased by the hundreds of federal agencies at www.usa.spending.gov. Initially, selct one or two agencies and study their operations and needs. Since the federal government is so big, it helps to focus. Agencies periodically ask small companies to respons to bid solicitations. Even if you don't win a bid, responding to these "Sources Sought" notifications is a good way to market your goods/services. Through "Sources Sought," you get your name out there to decision makers.

Start small. Successful contractors advise starting with smaller contracts, which may lead to larger opportunities. Perharps test the waters with so-called "micro-purchases." For purchases between $3,000 and $150,000, the government can use cimplified procedures for soliciting and evaluating bids. In fact, federal rules require these "simplified purchases" be reservedfor small business unless the contracting official cannot obtain offers from two or more small firms that are competitive on price, quality and delivery. Again, check with individual agencies for these and other small-procurement opportunities. A good way to learn about becoming a prime contractor is to start out by being a subcontractor because it provides you with past-performance information that you can use to pursue your own prime contract. For subcontracting opportunities, check www.sba.gov/subnet.

Read the fine print. Many contracts reference the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation, both of which post rules dictating how federal contacts are executed. Read the fine print carefully in EVERY contract and follow instructions.

Build relationships. As gargantuan as the federal government is, securing a contract is often tied to personal relationships. That means attending PTAC, federal agency, NASBC or other outreach events and becoming acquainted with federal small-business representatives, prime contractors and small companies that sucessfully secured contracts. If you have built up a good relationship with somebody, you have a better chance of getting a contract.

Get debriefed. Whether you win or lose a contract, ask for a debriefing, where a contracting official must discuss why a business did or did not win a contract. This will help you learn how to do it better, and it will also make you familiar with a contacting official's preferences.

Ultimately, getting a contract requires time, patience, money and commitment. Don't be discouraged if you don't get the first contract that you apply for. We hope these tips help!

Citing Meyer, Harvey. "Working with Uncle Sam: Federal contracts are out there for small businesses." The Costco Connection. April 2011: 23-24. Print.

Is Your IRA Safe?

2011-04-01T08:56:00.000-07:00

Individual Retirement Accounts (IRAs) are something of importance to everyone, especially those set to retire in the next few years. Americans are living longer than ever, and the cost of living is and continues to increase. This means that in order to have a comfortable future, we all need to start planning ahead for our retirement. While on the topic, some good news is that the North Carolina Supreme Court has confirmed that IRAs are protected from creditor claims. It is important to keep in mind though that there are some state law restrictions on these accounts. In a recent case, Kinlaw v. Harris, this exact issue came into play. In court, the Defendant claimed that his 2 IRAs were exempt from the Plaintiff's claims. The Plaintiff subsequently claimed that the Defendant could not use that argument as he used it to knowingly make himself judgement proof. After many litigation and appeals, the final Supreme Court ruling decided that IRAs are exempt from the account owner's creditors; however, there may be circumstances that involve an escrow agreement in which IRA owners have to agree to give a creditor notice of any withdrawals from his IRA in exchange for a court order that all of the assets inside the IRA itself are protected from attachment. IRAs are not covered by the Employee Retirement Income Security Act, so for a more complete understanding about the rules and regulations regarding IRAs be sure to look up the specific exemptions in federal or state laws. It's worth it to be in the know on such an important aspect of your life and future!

Get The Most Bang for Your Buck

2011-03-28T08:06:00.000-07:00

How does an unlimited fund dedicated towards remodeling your home sound? Most of us would gladly accept such an offer; however, the reality is that most of us are on a budget of some kind. The good news is that home improvement projects don't have to break the bank to yield effective results. Here are some helpful hints to point you in the right direction (towards improving your home for as little $ as possible that is):

1. Give your kitchen cabinets a makeover! ($1000)
- Give your cabinetry a new look with a fresh coat of paint (or wood stain)
- Automatically improve their appearance by installing new hardware
- Get professional help for about $540 or do it yourself for the bargain
price of about $200

2. Create an office nook! ($250)
- If you don't have an empty room to use for an office, try making room for
a nook in a room corner or unused closet
- Closet kits, shelves, hanging hardware, and rolling file carts are all
perfect igredients to create an office nook that maximizes utility and
minimizes cost

3. Organize and de-clutter your garage! ($1000)
- Invest in slatwall systems to organize your garage
- Look for systems that allow you to hang hooks, shelves, and baskets so you
can increase space
- A garage organization project is an extremely low cost, high yield project
- Learn more about storeWALL units and how to order them here and here

4. Give your closet structure! ($500)
- Empty your closet and decide what to keep, what to trash, and what to
donate
- Go online at Rubber Maid and choose an organization system that fit's your
closet's measurements

If it is value that you are trying to add to your home, try these helpful hints:
1. Replace a window! ($500)
- If you have a window that is leaky or extremely difficult to open or
close, replace it and add value to your home in the process
- Tip: If you purchase an Energy Star-qualified window before December 30,
2011, you can claim a tax credit for %10 of the cost!

2. Hard-wire a room! ($1000)
- A hard-wired system is a small prject that will payoff when selling
- Hard-wired system will provide faster data transmission and more security
and reliability

If you are not planning to sell, and are looking to add style to your home, read below:
1. Remodel an entrance! ($250)
- Brighten up your home';s front entrance by paiting the front door with an
accent color
- Install new hardware on your front door for even more style
- Replace your old, beat up mailbox
- Make your house unique and personal by adding customized house numbers to
the front exterior

2. Update your lighting! ($500)
- Get rid of outdated light fixtures and put fashionable fixtures in their
place
- If you don't have the budget to update all of your light fixtures, start
with the fixtures in the most noticeable spots (Ex. Dining-room table)

We hope our tips help and we wish you happy home re-modeling!

Maitland Law Rocking the House- Tar Heel Style!

2011-03-23T21:38:00.000-07:00

Maitland Law congratulates the Tar Heel Men's and Ladies' Basketball Teams for their berths in the Sweet Sixteen of the NCAA National Championships. GO HEELS! We are also celebrating our own "March Madness" by hitting our 3,000th real estate closing this month!

Can't make it to the basketball games this weekend? How about UNC baseball's home series vs. Dook? Game times have been adjusted as to not conflict with the basketball games, Friday now at 3:00, Saturday at 2:00, and Sunday at 1:00. GO HEELS!

How to Hire a Good General Contractor

2011-03-21T08:55:00.000-07:00

It is very important to choose a good contractor when embarking home-improvement projects. A good contractor helps make the process smooth, while an inadequate one can involve unnecessary financial and emotional hardships. Here are some tips to help you find the good contractor you deserve:

1. Get recommendations and references.
Do research on the contractors in your area and listen to the advice of family, friends, and other people in your community who have hired a contractor for similar projects.

2. Get more than one estimate.
Call at least 3 different contractors and insist that they each visit your home to evaluate what needs to be done. These evaluations will allow you to make meaningful comparisons.

3. Be conscious of contractor complaint records.
Check your state or local consumer protection agency or Better Bureau for this important information.

4. Make sure the contractor meets licensing and registration requirements.
It is important that contractors meet the expectations defined by these requirements. Your state or local consumer protection agency can help you find out what these are.

5. Ask suppliers if the contractor makes timely payments.
This will help you determine if the contractor is reliable.

6. Contact your local building inspection department to check for permit and inspection requirements.
If the contractor asks you to get the permit, it could mean that their firm is not licensed.

7. Make sure that your contractor has insurance.
It is important that a contractor has personal liability, property damage and workers’ compensation insurance for workers and subcontractors. It is also a good idea to contact your own insurance company to find out if you have coverage for any possible damage or any injury that could occur.

8. Insist that the contractor give you a written contract.
The contract should include all terms and conditions of what work will be done, what materials will be used, names of any subcontractors, and the total price of the job. If your contractor allows scheduled payments, this should be included in the contract as well.

9. Review and know your payment options.
Compare the pros and cons of your own loan versus contractor financing and choose the option that fits your needs best.

10. Make sure that the work is completed as stated by the written contract before you make a final payment or sign a final release.
If subcontractors were hired, you need to make sure that they were paid prior to your final payment and/or final release. If not, you could face serious problems. Some state laws allow unpaid subcontractors and suppliers to place a lien of your home for the bills that the contractor failed to pay.

11. If possible, pay by credit card.
If you use a credit card, you have the option of withholding payment to the credit card company until any problems are corrected.

There are many good contractors that fit all the guidelines listed above; however, there are also contractors to avoid. To stay clear of this mediocre group it is important that you be cautious if the contractor:
• Calls the job a “demonstration.”
• Offers you a reduced rate for finding other customers.
• Quotes a price that is extremely different from other estimates you received.
• Pressures you to make hasty decisions.

We hope that these tips help!

No More Warnings!

2011-03-18T09:08:00.000-07:00

As of November 30, 2010, there will be no more warnings given out by North Carolina State police/authorities for obscured license plates and illegal license plate covers. Those unlucky enough to be caught with an obscured license plate will be subject to a $100 fine and court costs. This new law, which applies only to vehicles that are registered in North Carolina, has been implemented to ensure law enforcement safety. It may seem unimportant, but in reality, there are several states that use the same license plate color schemes as North Carolina. It is a safety issue if police officers and state troopers cannot see the state name or registration information on license plates, because it could mean that the tags are falsified. In order to avoid being stopped and fined, be sure to take a second look at your own vehicle. If any information is obscured by a license plate frame, do yourself a favor and remove the frame! Find more detailed information about the new law here.

Example of what NOT to have on your vehicle:

Example of an APPROVED license plate:

2010 Changes to Corp-LLC

2010-07-20T08:54:00.000-07:00

The Maitland Law Firm helps many of our clients create new North Carolina business entities for business or investment ventures. It is important to choose the best entity, Corporation (S or C Corp.), Limited Liability Company (Member or Manager managed LLC), Professional Corporation or PLLC, General Partnership, or other options to fit your needs and tax situation. From a legal perspective, our primary concern is to ensure "limited liability" for the owners and investors of the entity to make sure their personal assets are never at risk for the sake of the business entity.

The simplest, and a particularly relevant situation in our area, might be where parents are buying a rental property for the use of their college bound children and intend to rent portions of it to third party roommates. Should something happen, say during a "study session" or party where a third party slipped and fell or otherwise became injured, most landlords choose the LLC as an effective way to limit their potential exposure to the equity in the rental property rather than put all of their hard earned personal assets at risk. Of course, a more traditional scenario is where the client is starting a new business venture and wants to create the proper structure to encourage investment and provide management. We can assist clients with the myriad of issues to consider and make sure your new business gets off on the right foot.

Once we advise on the creation of the new entity, we believe it is our responsibility to keep you informed of annual changes to the law and other developments that might affect your business. The most common way for people to lose the benefit of "limited liability" even after creating a business entity, is to fail to comply with the simple formalities required of a business. Such failures can invalidate the business entity or open the door to "piercing the corporate veil," "alter ego," and other issues. We advise our clients along the way to make sure they avoid these pitfalls.

Along those lines, each North Carolina business entity is required to file an Annual Report with the North Carolina Secretary of State and pay an annual fee. The Legislature recently passed new legislation changing the due dates and reporting requirements for most business entities effective June 30, 2010. A summary of the changes can be found here. Please feel free to contact us with any questions. Thanks!

Team Edward or Team Jacob? Beware of Team Virus!

2010-07-12T06:23:00.000-07:00

Be careful when searching for Twilight related content. There are definitely a lot of Twilight related links out there that lead to scams and corrupted websites.

Here are some tips to help you avoid scams and other viruses.

If you download Twilight movies or videos clips, make sure they’re from well-known and trusted sources

Keep in mind “The Twilight Saga: Eclipse” will not be available for legitimate download for months. In addition to being illegal, pre-release downloads often carry viruses or spyware. Be especially cautious if you’re being asked for your credit card information.

Don’t click on search engine results for images of Kristen Stewart, Robert Pattinson, Taylor Lautner, or other cast members unless you can verify the website

An increasing amount of rogue spyware directs consumers away from search results. Most common is a links that warns you of a “threat” and offers free anti-virus or anti-spyware. Actually, if you click on it, you will actually download malware – viruses, antispyware and other malicious software.

Whether you’re on Team Edward or Team Jacob, know how to spell it correctly

Slightly mistyped names can present search results with bad Web sites. Typo “squatters,” as they’re called, will often buy URL’s with slightly different spelling to capture unsuspecting visitors. They might drop malware on your computer just from visiting the site, or request personal information for financial gain.

Purchase your Twilight gear from well-respected online retailers

Reputable online retailers such as EBay and Amazon monitor phishing and impersonations of their Web sites. They look for typo squatters and other cybercriminals that are responsible for fraud and take them down.

Be wary of clicking on links in Twitter — shortened links make it difficult to confirm legitimate and recognized Web sites

Twitter allows users to post shortened URLs, making it easier for users to keep the messages within the prescribed character limit. URL shortening is similar to URL re-direction and can be abused by malware authors.

Entering a Twilight contest online? Here’s what to look for to make sure it’s legit

Make sure the Web site encrypts your data when sending it over the Internet. In this case the URL starts with “https” instead of “http.” Additionally, some Web sites have the trust seal issued by VeriSign to Web sites that meet its standards. You should be able to click on the VeriSign Trust Seal that opens up a window displaying information about the company you are about to do business with.

Always check the URL to verify that you are on the Web site you think you are visiting. You can also copy the domain name and verify the ownership using tools that can be found online. These tools will give you information about the domain you are visiting.

2010-06-25T07:55:00.000-07:00

Prepare for the Hot Summer

How Heat Affects the Body Human
Human bodies dissipate heat by varying the rate and depth of blood circulation, by losing water through the skin and sweat glands, and-as the last extremity is reached-by panting, when blood is heated above 98.6 degrees. The heart begins to pump more blood, blood vessels dilate to accommodate the increased flow, and the bundles of tiny capillaries threading through the upper layers of skin are put into operation. The body’s blood is circulated closer to the skin’s surface, and excess heat drains off into the cooler atmosphere. At the same time, water diffuses through the skin as perspiration. The skin handles about 90 percent of the body’s heat dissipating function.

Sweating, by itself, does nothing to cool the body, unless the water is removed by evaporation, and high relative humidity retards evaporation. The evaporation process itself works this way: the heat energy required to evaporate the sweat is extracted from the body, thereby cooling it. Under conditions of high temperature (above 90 degrees) and high relative humidity, the body is doing everything it can to maintain 98.6 degrees inside. The heart is pumping a torrent of blood through dilated circulatory vessels; the sweat glands are pouring liquid-including essential dissolved chemicals, like sodium and chloride onto the surface of the skin.

Heat Wave Safety Tips
Slow Down. Strenuous activities should be reduced, eliminated, or rescheduled to the coolest time of the day. Individuals at risk should stay in the coolest available place, not necessarily indoors.

Dress for summer. Lightweight light-colored clothing reflects heat and sunlight, and helps your body maintain normal temperatures.

Put less fuel on your inner fires. Foods (like proteins) that increase metabolic heat production also increase water loss.

Drink plenty of water or other non-alcohol fluids. Your body needs water to keep cool. Drink plenty of fluids even if you don’t feel thirsty.

Do not take salt tablets unless specified by a physician.

Spend more time in air-conditioned places. Air conditioning in homes and other buildings markedly reduces danger from the heat. If you cannot afford an air conditioner, spending some time each day (during hot weather) in an air conditioned environment affords some protection.
Don’t get too much sun. Sunburn makes the job of heat dissipation that much more difficult

Know These Heat Disorder Symptoms
SUNBURN: Redness and pain. In severe cases swelling of skin, blisters, fever, headaches. First Aid: Ointments for mild cases if blisters appear and do not break. If breaking occurs, apply dry sterile dressing. Serious, extensive cases should be seen by physician.

HEAT CRAMPS: Painful spasms usually in muscles of legs and abdomen possible. Heavy sweating. First Aid: Firm pressure on cramping muscles, or gentle massage to relieve spasm. Give sips of water. If nausea occurs, discontinue use.

HEAT EXHAUSTION: Heavy sweating, weakness, skin cold, pale and clammy. Pulse thready. Normal temperature possible. Fainting and vomiting. First Aid: Get victim out of sun. Lay down and loosen clothing. Apply cool, wet cloths. Fan or move victim to air conditioned room. Sips of water. If nausea occurs, discontinue use. If vomiting continues, seek immediate medical attention.

HEAT STROKE (or sunstroke): High body temperature (106° F. or higher). Hot dry skin. Rapid and strong pulse. Possible unconsciousness. First Aid. Heat Stroke is a severe medical emergency and therefore emergency medical assistance is critical. Call an ambulance or get the victim to a hospital immediately. While waiting for medical assistance, Move the victim to a cooler environment Reduce body temperature with cold bath or sponging. Use extreme caution. Remove clothing, use fans and air conditioners. If temperature rises again, repeat process. Do not give fluids. Persons on salt restrictive diets should consult a physician before increasing their salt intake.

Alienation of Affection Claim Leads to Big $ for Greensboro Woman

2010-06-21T07:56:00.000-07:00

North Carolina is one of the few states still recognizing the claim of alienation of affections. This claim is becoming fairly popular as of late due to the recent $9 million jury award in Guilford County. National news reports have also been discussing the claim in relation to the John Edwards saga in nearby Chatham County. With as popular as this claim has become in recent months, Tiger Woods and his stash of secret “putters” are lucky none to date have been identified as a resident of the Tar Heel state.

The claim itself involves a wrongful act which deprives a person of the affection, love, society, companionship, and comfort of their spouse. By allowing the spouse to sue the third-party adulterer, this claim protects and recognizes the sanctity of marriage. The claim itself requires proof of three elements: 1) there was a marriage with love and affection existing between the husband and wife; (2) that love and affection was alienated; and (3) the malicious acts of the defendant produced the loss of that love and affection.
If proven, a person may be awarded compensatory and punitive damages. In the Guilford County case, the jury awarded her $5 million in compensatory damages and $4 million in punitive damages. The $9 million dollar jury verdict was awarded in Guilford County also included claims for alienation of affections, criminal conversation, and intentional infliction of emotional distress.
With this recent decision mistresses and adulterers better beware that there actions might have a hefty impact on their bank accounts.
To read the news coverage, click:
• Wife Wins $9 Million From Husband’s Alleged Mistress – ABC News
• The Price of an Affair? $9 Million – Greensboro News & Record

Economy Impacts Divorce

2010-06-11T13:02:00.000-07:00

North Carolina families have not been immune to many of the same factors that have hit families across the country. One disturbing trend is the reality that because residential homes have lost significant value recently, many married couples who wish to seek a divorce simply cannot afford to because they owe too much on their marital home. The attorneys of Maitland Law use their unique backgrounds in both family and real estate law to assist clients with innovative strategies to resolve this and other difficult issues. Where others pose more questions than answers, the attorneys of Maitland Law turn your questions into answers.

According to one MSNBC report, a contested proceeding involving a couple with at least one child can expect their divorce to cost approximately $53,000 to $180,000, if they should go to court. The numbers factored in attorneys’ fees, financial advice, counseling and real estate costs for buying or renting separate residences.

In past times many of these expenses were recaptured when the couple sold their marital home and divided the proceeds. Nowadays the disastrous real estate market leaves many homeowners with their largest marital asset, the marital home, turned economically upside down, as they owe more on the property than it is worth.

Despite such dire statistics, we have found that with proper planning and creative thinking Maitland Law can successfully help our clients cope with difficult financial issues that might otherwise become an insurmountable obstacle to a mutually desired divorce. The key is good communication and valued legal experience for the parties to achieve their goals. Please feel free to contact us with any questions at infor@maitlandlaw.com and let our unique team of family and real estate law professionals go to work for you. We look forward to the privilege of assisting you with your legal matter.

For the complete MSNBC article, please click here http://www.msnbc.msn.com/id/27808110/.

A Look into the United States Supreme Court Nomination Process

2010-05-17T10:26:00.000-07:00

Please click on the link below for an interesting discussion in regards to the Supreme Court's nomination process and whether or not a nominee should be required to have any prior judicial experience. We at the Maitland Law Firm see the pros and cons of both sides to this argument. Please leave a comment with your feedback on this topic. Thanks for continuing to check out our blog.

http://www.nytimes.com/2009/02/17/us/17bar.html?_r=1

Attorney Rob Maitland Gives Advice to WRAL News Viewers

2010-05-09T15:33:00.001-07:00

Click below to see Attorney Rob Maitland in the WRAL News Studio giving advice to Home Buyers.

To access other News and Radio segments from Attorney Rob Maitland follow this link and get his "Legal Tip of the Week."

http://www.maitlandlaw.com/Legal-Tip-Of-The-Week.shtml

How High Would I Blow?: Estimating Blood Alcohol Content

2010-05-03T14:37:00.000-07:00

How To Estimate Your Blood Alcohol Content (BAC) Using This Chart
1. Find your weight in the left hand column
2. Match your weight with the number of “Drinks” you have consumed
3. Subtract .015 for each hour that you have been drinking to compensate for alcohol that your body has processed during that time

Things To Consider
1. This is only an ESTIMATE
2. The “Limit” in North Carolina is 0.08…however, this does NOT mean you cannot be charged if you blow less than 0.08
3. Each “Drink” is equal to 12 ounces of regular beer, 5 ounces of wine, or 1 ounce of 90 proof liquor
4. If you have a high alcohol beer or a “generously” poured liquor drink or glass of wine then make sure to count that as two drinks
5. Example: If you weigh 140 pounds and have had 5 drinks in 3 hours
0.134 – (0.015 x 3) = 0.134-0.45 = 0.089 BAC
6. The YELLOW ZONE is above the legal limit in NC (before taking time into consideration)
7. IF YOU HAVE BEEN DRINKING AND CAN’T DO THE MATH, THEN YOU DON’T NEED TO DRIVE!!

If you or someone you know has been charged with DWI in North Carolina, contact a TarHeel Lawyer at www.TarHeelLawyers.com for answers to your specific questions.

Home Buyer Tax Credit is Ending April 30th...Act Fast to get your $8,000.00 Credit!

2010-04-20T19:55:00.000-07:00

The Worker, Homeownership, and Business Assistance Act of 2009 extended the tax credit of up to $8,000 for qualified first-time home buyers. It also authorized a tax credit of up to $6,500 for qualified repeat home buyers. In order to take advantage of the credit you must act quickly! The credits end on April 30, 2010!

Here is the information you need to know to get your money...

First Time Home Buyer Credit – Up to an $8,000 tax credit for first time home buyers purchasing a home that will be used as a principal residence (i.e. not a rental property, vacation home, etc.). You must live in the home for three years after the purchase or you risk having to repay the credit. The credit ends April 30, 2010…meaning that you need to be under contract by that date and need to close on the home by June 30, 2010. The income limit for the home buyer to be eligible for the credit is $145,000 for a single person and $245,000 for a married couple filing jointly. If your income is between $125,000 and $145,000 for a single person or $225,000 and $245,000 for a married couple you can still claim the tax credit but it will be a reduced credit, not the full $8,000. Other exceptions apply…act fast and see a realtor to discuss how you can claim your first time home buyer credit.

Move Up and Repeat Home Buyer Credit – Up to a $6,500 tax credit for move up and repeat home buyers purchasing a home that will be used as a principal residence. The credit ends April 30, 2010…meaning that you need to be under contract by that date and need to close on the home by June 30, 2010. The income limits for the home buyer to be eligible for the credit are the same as for the First Time Home Buyer Credit. To qualify for this tax credit you must have owned and resided in the same home for five of the eight years prior to the purchase date. A common misconception is that a repeat home buyer needs to purchase a home that is more expensive than their previous home…this is NOT the case.

Are You In the Military? – If you answered Yes then your ability to take advantage of the tax credit may be extended until April 30, 2011. It is important that you contact a realtor soon to ensure see if you qualify for this extension.

The Real Estate Department of The Maitland Law Firm is working long hours to do what it takes to make sure that anyone who wants to take advantage of either of these Tax Credits is able to close on their home within the time period. If you want to purchase a home and get your tax credit contact Maitland Law to schedule your closing time before the opportunity passes you by!

New Laws in North Carolina - Texting While Driving, etc

2010-04-16T18:01:00.000-07:00

With all the legislation that has been discussed over the past 6 months (including the Ban on Texting While Driving), I thought you could use a summary of a few of the most relevant changes that went into effect on December 1, 2009. Feel free to pass this along to anyone you think may benefit from this…some of these laws affect everyone in NC. For a full list you can visit our website by following this link and then clicking on "New NC Laws - December 1, 2009" http://www.maitlandlaw.com/WebResources.shtml

I have broken them down into several categories to help you learn what you need to know: 1.) Laws That Affect Everyone, 2.) Laws Brought On By Current Events, and 3.) Amusing Laws (there is always one that makes you smile and scratch your head!). In addition to a summary of the law I have included "Maitland Law Notes" where the attorneys of The Maitland Law Firm provide some clarification and insight into the law. I hope you all find this useful!

Laws That Affect Everyone

S.L. 2009-135 (HB 9) NO TEXTING WHILE DRIVING.
An Act To Make It Unlawful To Use A Mobile Telephone For E-Mail Or Text Messaging
While Operating A Vehicle On A Public Street Or Highway Or Public Vehicular Area.
Maitland Law Notes: This is probably the most drastic change that goes into effect on December 1, 2009. This law is a ban on sending or even reading text messages and email messages while you are driving on a public street or highway. The penalty for violation of this law is a $100 fine plus the cost of court (unless you are driving a school bus at the time…then it is a Class 2 Misdemeanor!). There are some exceptions to this law. You are still allowed to talk on your cell phone while driving (unless you are under the age of 18), still allowed to look up numbers or other contact information that is already stored in your phone, and you can still send/read texts and emails while you are "lawfully" parked or stopped. "Lawfully" parked or stopped is likely to include being parked in a parking lot, but not likely to include waiting at a stop light. The law does not specifically speak to surfing the internet on a mobile device so it will be interesting to see how that is applied. Also, note that you are not prohibited from using voice activated texting systems (i.e. talk to text) nor are you prohibited from using your GPS Navigation system even if typing is required.

S.L. 2009-319 (HB 882) MOTOR VEHICLE INSPECTION PROGRAM CHANGES.
An Act To Allow The Division Of Motor Vehicles To Refuse To Register A Vehicle If The
Vehicle Is Not In Compliance With The Inspections Requirements, To Require Proof Of
Financial Responsibility For A Three-Day Trip Permit, And To Make Technical Changes To
The Inspection Program Statutes.
Maitland Law Notes: The most relevant part of this law is that the state can refuse to register your vehicle if you forget to get it inspected. Your inspection is no longer on a sticker on your windshield so you have to make sure you are aware when it is due…the inspection due date is now located on your registration card. Remember, failing to have your vehicle registered is a Misdemeanor charge in North Carolina so don't let that inspection cause you to end up being charged with a misdemeanor!

S.L. 2009-456 (HB 67) LICENSE PLATE FRAME/STATE NAME VISIBLE/STUDY.
An Act To Prohibit The Covering Of The State Name, Year Sticker, Or Month Sticker On
A State License Plate By A License Plate Frame And To Direct The Joint Legislative
Transportation Oversight Committee And The Revenue Laws Study Committee To Study
The Authorization Of Special Registration Plates.
Maitland Law Notes: This law will prohibit License Plate Frames that cover up the state name or registration stickers on your license plate. It also prohibits products that are popular in Raleigh to defeat those pesky Red Light Cameras! You can no longer spray the reflective surface on your plate or install a clear cover if either have the effect of preventing a camera from taking a clear picture of your license plate. Clear covers are still fine if you can take a picture of the plate (with a flash) and the photo comes out clear.

Laws Brought On By Current Events

S.L. 2009-379 (HB 1256) LARCENY OF A MOTOR VEHICLE PART.
An Act To Create The Criminal Offense Of Larceny Of A Motor Vehicle Part.
Maitland Law Notes: Stealing parts from someone's vehicle was a crime before December 1, 2009, but now it will be its own specific crime. With the economy taking a down turn and the price of copper and other metals rising at one point, we started hearing in the news that criminals were stealing catalytic converters, exhaust systems, trailer hitches, wheels, and other parts that could be sold for scrap metal. This statute will ensure that those who participate in the theft of vehicle parts will be punished appropriately.

S.L. 2009-372 (SB 920) PROBATION REFORM.

An Act To Allow Probation Officers To Access Certain Offenders' Juvenile Records, To
Make Warrantless Searches And Drug Screening Regular Conditions Of Supervision, To
Add Additional Controlling Measures For Offenders Subject To Intermediate Punishment,
And To Make Clarifying Amendments To Streamline Procedures For Supervision Of
Offenders In The Community.
Maitland Law Notes: Probation in North Carolina has come under fire with the Eve Carson tragedy and other crimes committed by perpetrators currently on probation. This statute is an attempt to fix some of the problems and better monitor those on probation.

S.L. 2009-551 (HB 1261) PROTECT OUR KIDS/CYBER BULLYING.
An Act Protecting Children Of This State By Making Cyber-Bullying A Criminal Offense
Punishable As A Misdemeanor.
Maitland Law Notes: Due to the recent emergence of Facebook, MySpace, Twitter, gChat, and other messaging or "networking" systems, new laws must be put into place to keep up with technology. This law will prohibit Cyber-Bullying which has been in the news in the past year or two. NC has been trying to keep up with technology and protecting those most likely to be affected by new technology…children and young adults.

S.L. 2009-498 (HB 209) SEX OFFENDER REGISTRY/LIBERTIES W/STUDENT.
An Act To Add The Offense Of Taking Indecent Liberties With A Student To The List Of
Sex Offenses That Require Registration Under The Sex Offender And Public Protection
Registration Program, As Recommended By The House Select Committee On Sex
Offender Issues.
Maitland Law Notes: This law is recognizing the persuasive effect that a person in a position of authority (i.e. a teacher) can have on a student. There have been numerous student/teacher sex cases in the news in the past several years and they are becoming more frequent. This law requires the offending teacher to become a registered sex offender.

Amusing Law…there is always one!

S.L. 2009-37 (HB 616) OFFENSE FOR PORTABLE TOILETS/PUMPER TRUCKS.
An Act To Create The Offense Of Larceny, Destruction, Defacement, Or Vandalism Of
Portable Toilets Or Pumper Trucks.
Maitland Law Notes: No more stealing or tipping over those Port-O-Potties!