US Lawyer Database

§ 39-13.6 – Control of real property held in tenancy by the entirety.

39-13.6. Control of real property held in tenancy by the entirety. (a) Recodified as G.S. 41-58 by Session Laws 2020-50, s. 1(b), effective June 30, 2020. (b) Recodified as G.S. 41-56(a) by Session Laws 2020-50, s. 1(b), effective June 30, 2020. (c) Recodified as G.S. 41-59(b) by Session Laws 2020-50, s. 1(b), effective June 30, […]

§ 39-23.1 – Definitions.

39-23.1. Definitions. In this Article, the following definitions apply: (1) Affiliate. – Any of the following: a. A person that directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person that holds the securities: 1. As a […]

§ 39-23.2 – Insolvency.

39-23.2. Insolvency. (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (b) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to […]

§ 39-23.3 – Value.

39-23.3. Value. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the […]

§ 39-12 – Power of attorney of married person.

39-12. Power of attorney of married person. Every competent married person of lawful age is authorized to execute, without the joinder of his or her spouse, instruments creating powers of attorney affecting the real and personal property of such married person naming either third parties or, subject to the provisions of G.S. 52-10 or 52-10.1, […]

§ 39-13 – Spouse need not join in purchase-money mortgage.

39-13. Spouse need not join in purchase-money mortgage. A mortgage or deed of trust given by the purchaser of real property to secure a loan, the proceeds of which were used to pay all or a portion of the purchase price of the encumbered real property, regardless of whether the secured party is the seller […]

§ 39-6.5 – Elimination of seal.

39-6.5. Elimination of seal. The seal of the signatory shall not be necessary to effect a valid conveyance of an interest in real property; provided, that this section shall not affect the requirement for affixing a seal of the officer taking an acknowledgment of the instrument. (1999-221, s. 2.)

§ 39-6.6 – Subordination agreements.

39-6.6. Subordination agreements. (a) A subordination agreement shall be given effect in accordance with its terms and is not required to state any interest rate, principal amount secured, or other financial terms. (b) The trustee of a deed of trust shall not be a necessary party to a subordination agreement unless the deed of trust […]