Day 2 | Dirt, We Like It (2023 Real Property Section Spring Program)

FRIDAY, MAY 19, 2023

8:55 Welcome and Introductions

9:00 Bankruptcy

Christopher J. Waivers, White & Allen PA, New Bern

During this session, receive a primer for dealing with bankruptcy-related issues. A bankruptcy attorney walks through all the things that can mess with your title and closing, exploring common situations as well as providing useful anecdotes for your real estate practice.

10:00 Break

10:10 A Lawyer's Guide to Understanding Alcohol and Drug Abuse^†

Cathy Killian, NC Lawyers Assistance Program, Raleigh

A recent national landmark ABA study on attorney mental health is the first to ever bring into sharp focus, with hard data and real numbers, the impact alcohol/drug abuse and other mental health issues are having on this profession. The research indicated that lawyers have a high rate of substance abuse at approximately twice the rate of the general population, as well as high rates of depression and anxiety. This presentation seeks to improve the understanding of substance abuse, the dynamics of addiction, and the susceptibility of lawyers to this disorder. Learn about the neurological nature of substance abuse/addiction, including the development, symptomology, and impact on behavior, and receive suggestions for dealing with a substance use disorder.

11:10 Break

11:20 Community Associations: Their Structure, Governance and How They Can Muddle Your Real Estate Transactions

Harmony W. Taylor, Law Firm Carolinas, Greensboro

Discuss community associations in North Carolina, from their structure to their governance through statutes and private contracts (covenants). Then dive into the nuances between voluntary and mandatory associations, and the pain points practitioners need to watch out for in transactions involving community associations. The dryness of this topic is offset by illustrative anecdotes from the memory bank of a jaded community association attorney who has seen it all.

12:20 Adjourn for the Day

SATURDAY, MAY 20, 2023

8:55 Announcements and Introductions

9:00 Real Property Case Law Update

Randy H. Herman, BA Folk, Cary

Review notable cases to come out of the various higher courts of the state. Run through the facts, how the courts interpreted the law, and what it means to your practice.

10:00 Break

10:10 Technology^‡

Kyle A. Smalling, Capital City Law, Raleigh

Receive a broad overview of current technologies and emerging changes that impact our client interactions, administrative efficiencies, risk management, and internal auditing. Special focus is given to the impact of current and emerging tools on client, colleague, and third-party interaction.

11:10 Break

11:20 Nonprofit Transfer

Phillip Woods, North Carolina Attorney General's Office, Raleigh

Learn about the Attorney General's requirements for transfers of property by incorporated nonprofit entities and receive tips and tricks for this type of transfer.

12:20 Adjourn

† Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit

Thank you

Thank you for joining us for Dirt, We Like It (2023 Real Property Section Spring Program).

Description

Learn about current issues that affect your practice of real property law

Contributors

Randy H. Herman

Randy H. Herman is a partner at BA Folk in Cary. He practices in the areas of land use and commercial real estate transactions. His goal is to guide clients through the entire real estate acquisition and development process, including contract drafting, title review, zoning/permitting, lender negotiation and closing. He regularly represents developers and property owners throughout the state in rezoning matters, variances, and appeals of zoning violations.

Randy is active in advocating for the interests of property owners as a member of the Board of Directors of the Triangle Community Coalition and a member of the Raleigh-Durham Chapter of NAIOP, where he sits on the Governmental Affairs Committee. He is also a member of the North Carolina Bar Association's Real Property Section and Land Use Section and a member of the Board of Directors of the Real Estate Lawyers Association of North Carolina (RELANC).

Randy earned his B.S. from the University North Carolina Greensboro. He attended law school at North Carolina Central University School of Law, graduating magna cum laude. During law school, he served as a law clerk for The Honorable Judge Robert C. Hunter on the North Carolina Court of Appeals and was a Senior Editor on the North Carolina Central Law Review.

Click here for more information about Randy.
Lauren James

Lauren James is a real estate paralegal at Peel & James in Williamston.

Prior to joining Peel & James, Lauren was a social studies teacher in four different North Carolina school districts over nearly 10 years.

Lauren earned her Bachelor's in History from North Carolina State University and her Paralegal Certification from the University of North Carolina at Chapel Hill.

Click here for more information about Lauren.
Nathan A. James

Nathan A. James is a partner at Peel & James in Williamston. He focuses nearly exclusively on real property transactional law, performing both residential and commercial closings.

Nathan previously worked at Investors Title Insurance Company where he worked in numerous out-of-state markets.

Prior to becoming an attorney, Nathan served as a Captain in the U.S. Army and was stationed in Germany and deployed to Afghanistan.

Nathan earned his undergraduate degree from Wake Forest University and his J.D. from Campbell.

Click here for more information about Nathan.
Cathy D. Killian

Cathy D. Killian is the Clinical Director and Western Clinical Coordinator for the North Carolina Lawyer Assistance Program and has been a counselor in the Charlotte area for over 30 years. She is a Licensed Clinical Mental Health Counselor, Licensed Clinical Addictions Specialist, Certified Clinical Supervisor, and Certified Clinical Hypnotherapist. Cathy has worked in a variety of mental health and substance abuse areas, including inpatient, outpatient, hospital-based and free-standing treatment facilities, Employee Assistance Programs, and private practice. She has conducted numerous trainings and workshops both locally and nationally on a variety of topics throughout her career. She was a college instructor for 17 years, and a Program Chair for five of those years. She currently maintains a small private practice seeing individual clients and providing clinical supervision on both an individual and facility level.

Cathy has worked in a variety of mental health and substance abuse areas, including inpatient, outpatient, hospital-based and free-standing treatment facilities, Employee Assistance Programs, and private practice. She has conducted numerous trainings and workshops both locally and nationally on a variety of topics throughout her career. She was a college instructor for 17 years, and a Program Chair for five of those years. She currently maintains a small private practice seeing individual clients and providing clinical supervision on both an individual and facility level.

Cathy is a former board member for Anuvia Prevention and Recovery Center, the McLeod Institute on Substance Abuse, the North Carolina Board of Licensed Employee Assistance Professionals, and former president and board member of the Eating Disorders Education Project.

Cathy earned her B.S. in Zoology/Pre-Med from North Carolina State University, B.A. in Psychology from the University of North Carolina at Charlotte, and her Master of Education degree in Counseling from Winthrop University.
Kyle A. Smalling

Kyle A. Smalling is an attorney and co-owner of Capital City Law in Raleigh. He is the NCBA Real Property Section's Consumer Protection Attorney.

Kyle was born and raised in western North Carolina (just outside of Boone). After after graduating from college, he worked as a private researcher for the Department of Defense. Work in international export regulation led Kyle to law school at Campbell University. With the arrival of his first child, he decided to practice on his own and Capital City Law was formed shortly thereafter with fellow classmates from Campbell. That is where he works to this day. His introduction to and interest in real estate law came about through great colleagues in the Bar from eastern North Carolina and a love of technology. Outside of the office, he enjoys the outdoors and restoring his historic home in Wake Forest with his wife and two children.

As the Consumer Protection Attorney, Kyle investigates matters identified through discussions with Section members and the public which constitute the Unauthorized Practice of Law (settlement shops and unauthorized document preparers), Lender Steering (blacklists and mandatory "referrals"), and other conduct that frequently leads to consumer harm. These investigations often lead to referrals to the North Carolina Bar Authorized Practice Committee (but are not focused on issues of attorney misconduct), State Attorney General's Office, and North Carolina Department of Insurance. Beyond these core concerns, he is interested in the impact of eClosings on North Carolina's real estate practitioners and consumer choice and information, cyber fraud, and heirs' property issues.

Kyle earned his B.S. in Chemical Engineering, Biomolecular Concentration, from North Carolina State University and his J.D. from Campbell University Norman Adrian Wiggins School of Law.

Click here for more information about Kyle.
Harmony W. Taylor

Harmony W. Taylor is a partner at Law Firm Carolinas in Charlotte. She focuses her practice on representation of community associations on litigated and non-litigated matters. She regularly advises on association governance, assists with director and member meetings, represents communities in district and superior courts, and represents associations in complaints brought before local human relations commissions on Fair Housing and other discrimination claims.

Harmony regularly speaks to boards, managers and owners on community association related topics, including North Carolina's Community Association Institute Law Day. She is an active member of the Community Association Institute and serves on the Legislative Action Committee for the North Carolina Chapter and the College of Community Association Lawyers Governing Documents Task Force. She also, to her great chagrin, serves on the Architectural Review Committee for her own homeowners association, and can be found most weekends measuring her neighbors' grass with a ruler.

Harmony also represents individuals and entities in negotiating and drafting leases and contracts and litigating disputes arising from these agreements. She has participated in hundreds of mediations and over twenty jury trials, and has litigated cases in district and superior courts across North Carolina through the appellate level.

Harmony earned her B.A. in English from the University of North Carolina at Chapel Hill and her J.D. from University of North Carolina School of Law.

Click here for more information about Harmony.
Christopher J. Waivers

Christopher J. Waivers is an associate at White & Allen PA in New Bern. He practices in the areas of civil litigation and bankruptcy.

Chris is a member of the Craven County Bar Association President (2019-20; Vice President 2018-19), North Carolina Bar Association (Bankruptcy Section, Co-Chair of Consumer Committee 2018-19) and North Carolina Guardian Ad Litem Program, Pro Bono Appellate Counsel.

Chris earned his degree, magna cum laude, in Finance from from East Carolina University and his J.D., cum laude, from Campbell Law School. While at Campbell, he was an Articles Editor on the Campbell Law Review, a member of the moot court team, and the recipient of book awards – which are awarded each semester for the highest grade in a particular class – for Civil Procedure, Constitutional Law, Business Organizations, and Administrative Law. During law school, Chris also completed internships at the North Carolina Court of Appeals, the Wake County Trial Court Administrator's Office, and the United States Attorney's Office.

Click here for more information about Chris.
Phillip "Phil" Woods

Phillip "Phil" Woods is the Special Deputy Attorney General and heads the Finance, Charities and Utilities Section of the Consumer Protection Division of the North Carolina Attorney General's Office. His section is responsible for, among other areas, fulfilling the statutory role of the Attorney General under the North Carolina Nonprofit Corporation Act.

Prior to joining the Consumer Protection Division in 2012, Phil was assigned to the Service to State Agencies Division, where he represented the North Carolina Commissioner of Banks in civil, administrative, and regulatory enforcement proceedings, and advised the Commissioner on banking and mortgage lending and servicing, as well as other commercial, financial, and regulatory matters. Before joining the Attorney General's Office, Phil was in private practice for seventeen years.

Phil earned his undergraduate and law degrees from the University of North Carolina at Chapel Hill.

Click here for more information about Phil.