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Legitimate Seller Financing and North Carolina Mountain Land

June 30th, 2010 9:13 pm

Many times there is legitimate seller financing provided by the developer of a real estate development project. When this is the case it means that the developer who owns the note files them legally with an attorney. In other cases people keep the promissory note, which is far more questionable. If the later is the case it will need to be researched thoroughly. In North Carolina this is a very complex topic legally.

Generally real estate transactions are written legal documents. The purpose of any written document is to document the terms and conditions between the parties concerned. Written documents that are drawn up by an attorney are best under North Carolina law. If pre-written forms are used as agreements ones that are approved by the North Carolina Bar Association and the North Carolina Association of Realtors can be helpful, though may need the review of an attorney before filing.

In legitimate seller financing traditional terms include financing contingencies, surveys, pest and other inspections, plus the specifics regarding title matters. There are more legal clauses that may need to be considered. Agreement structure and content vary as to whether a broker is involved or not and whether the transaction involves a buyer paying cash or a seller financing the purchase with a promissory note and secured by deed of trust or first mortgage. This is why under North Carolina law it is best to retain a lawyer in real estate transaction matters.

In attorney prepared documents there are clauses covering whether a cash sale or owner financing is occurring and any earnest money receipts required. In addition a Megan’s Law Notice is included and disclosure of any information regarding the presence of lead based paint or hazards.

Many times seller based financing limits the possibility of the seller’s recovery of a buyer’s default of the contract. The seller truly needs advice from an attorney before entering into a seller financing arrangement. The North Carolina Bar Association requires seller financed notes to be without penalty for prepayment and require seller’s approval for transfer or assignment.

Keep in mind that local title companies do not handle closings. Closings require a closing attorney regardless. There are many questions to ask of a lawyer prior to any closing. First there are the questions about appraisal and inspections of the property. Other questions involve the burden of fees and costs in this regards. Additionally it is important to know what an attorneys experience is in handling these types of transactions.

To secure legitimate seller financing it requires legal guidance and advice to navigate the complex requirements under North Carolina law, which realistically only an attorney can assist you with. This can be achieved through dealing with seller’s and developers that use attorneys to transact real estate and for buyers to retain their own legal counsel to achieve the best results

Taking a Drive Through North Carolina

February 12th, 2009 11:01 pm

Starting out near Pinehurst, the Pottery Road Scenic Route takes travelers through the heart of pottery country in North Carolina. With 14 potteries directly on the route and close to 80 potteries in the nearby area, art lovers will have a wonderful time discovering the potters’ craft.


The Blue Ridge Parkway is full of opportunities to see nature and learn about North Carolina. Traveling along the Appalachian Mountains, the Blue Ridge Parkway offers some of the loveliest scenery in the state. On the way you can stop at Black Mountain where you can climb Chimney Rock for an incredible view. The Oconaluftee Indian Village takes you 225 years into the past so you can learn about the Indian way of life at the time. If you enjoy fishing, try stopping at Stone Mountain State Park to cast your line. Craggy Gardens has three lovely walking trails to let you stretch your legs. At Linville Caverns you can try spelunking through the inside of Humpback Mountain, then step outside to enjoy the splendor of Linville Falls. Top off your trip with a train trip on the Tweetsie Railroad.

Some other interesting routes through the mountains include the Appalachian Medley, the Birkhead Wilderness Route, and the Black Mountain Rag. The Black Mountain Rag route was named from an old fiddle tune notable for the many twists and turns in the melody. Like the tune, the route is filled with twists and hairpin turns, taking you through the mountainous terrain along the way. Crowders Mountain Drive is home to Pinnacle Peak, a “monadnock” which resists erosion and towers high above the other peaks.

If you love deep forests and the beauty of nature, try driving along the Cherohala Skyway. In the fall the brilliant colors make a spectacular backdrop to your vacation photos. With dozens of walking trails, multiple campgrounds, and stunning waterfalls along the route, the Cherohala Skyway is a nature lover’s paradise. If you enjoy boating, take a ride down the Tellico River and explore the Lost Sea, one of the largest underground lakes in North America. The fishing is great on Tellico Lake too, so you can stop for a day and catch yourself a tasty dinner.

Bird fanciers might like to explore the Alligator River Route. With two wildlife refuges along the way, many migratory birds and endangered species frequent the area. You can also learn about the colonial and native heritage of the land in the many towns along the scenic route.

To learn more about North Carolina’s rich history, try following one of the region’s historical scenic routes. The Brunswick Town Road takes visitors into the historic ruins of Brunswick Town, which was destroyed in 1830. For a coastal trip try the Cape Fear Historic Byway which winds through old Wilmington. The Colonial Heritage Byway is filled with structures from the 18th and 19th centuries, many of which are still in use as public buildings. More history can be discovered along the Forest Heritage Scenic Byway. Starting in Brevard, named for a Revolutionary War colonel, you travel down to the Cradle of Forestry in America, an educational discovery center. The Allison-Deaver House is another attraction along the way, maintained by the Transylvania County Historical Society; it is the oldest frame house in western North Carolina that is open to the public.

All that’s Eerie in North Carolina

January 12th, 2009 2:10 am

One such place is Brown Mountain, near Morganton, where strange lights have been seen flitting through the trees. The Brown Mountain Lights have gained so much attention that they have been the subject of many scientific and paranormal investigations, and were even featured in an episode of X Files (called Field Trip) in 1999. While the cause of the lights is not known, they are a very real and much documented phenomenon.


Another interesting place to check out is Blowing Rock, located just off the Blue Ridge Parkway. There is a Native American legend about Blowing Rock that adds to the unique charm of the place. Osseo, a chieftain, had a daughter named Starlight who was engaged to be married to Kwasind. However, a jealous suitor told Starlight that Kwasind was already married to a woman from a far-distant tribe. Starlight was devastated and broke her engagement, telling Kwasind that she would rather see him dead than marry him. Kwasind said “I will prove to you how much I love you.” and jumped off the cliff. Starlight was terrified that she would lose Kwasind and called out “O strong West Wind, bring my lover back to me! O sweet South Wind, bear him in your gentle arms!” The winds blew and raised her lover back up into her arms, where she quickly forgave him and agreed to become his wife. To this day the winds at the top of Blowing Rock are said to be so strong that they will catch anything thrown from the cliff and return it to its owner.

Another plantation worth seeing is the Mordecai Plantation near Raleigh. Now called the Mordecai Historic Park, the old main house is open to visitors. Additionally you can take a trolley tour that takes you around the city of Raleigh, stopping at many historical sites. Legend has it that Mary Willis Mordecai Turk haunts the Mordecai house, walking down the staircase and throwing down her portrait if someone should make rude comments about her appearance.

For more recent sources of mystery, consider checking out the Battleship North Carolina. Located across the river from Wilmington, the Battleship North Carolina offers a unique look into the lives of WWII navy crew. The museum focuses on the history of all of the vessels named “North Carolina” over the years including everything from the confederate ironclad ship to a nuclear attack submarine. Although only 10 people died on the Battleship North Carolina, it is apparently haunted by at least two ghosts who enjoy moving things around.