Carolina Real Estate Investor

Homeowner Concerns

Consumer Economic Protection Act of 2009

SB 974, introduced by Sen. Tony Rand (D-Cumberland), is an effort to protect the owner during the foreclosure of their primary residence. Among other things, it allows the clerk of court to delay a foreclosure proceeding where the clerk finds that there is good cause to believe that additional time or additional measures have a reasonable likelihood of resolving the delinquency without foreclosure. The bill passed the Senate and is still in the House.
Land Use Decisions
SB 44, introduced by Sen. Ellie Kinnaird (D - Orange), sets out the details of who can appeal a court decision on land use, how it is to be appealed and when the appeal can be made. The bill passed the House and is back in the Senate.

Landlord/Tenant

Allocate Water Cost/Landlord-Tenant Changes

SB 661, introduced by Sen. Dan Clodfelter (D-Mecklenburg), changes various landlord-tenant laws including how water usage is charged. The bill passed the House and Senate and was signed into law (SL 2009-279) by the Governor on July 10, 2009.

Land Development/Zoning

Builder's Inventory Property Tax Deferral Bill

HB 852, introduced by Rep. Margaret Dickson (D - Cumberland), Rep. Harold Brubaker (R - Randolph), Rep. Hugh Holliman (D - Davidson) and Rep. William Wainwright (D - Craven), allows builders to defer the amount of the property taxes that is attributable to improvements resulting from the construction by the builder of a residence on the property. The period of the deferment could be as long as three years or until the house is sold. The tax deferment is only on the home and not the underlying property. The increased property taxes generated by improving the land with a home would be due when the home is sold. The bill passed the House and Senate and was signed into law (SL 2009-308) by the Governor on July 17, 2009.

City of Wilmington Exercise Extraterritorial Planning and Zoning

SB 173, introduced by Senator Boseman (D-New Hanover), would allow the City of Wilmington to have authorized to exercise any planning, zoning, subdivision, building, or other regulatory authority within New Hanover County. The bill passed the Senate and is now in the House.

Annexation

HB 524, introduced by Rep. Bruce Goforth (D-Buncombe), would reform the state's annexation laws by requiring municipalities to provide water and sewer services to newly annexed areas within three years with a prohibition on further annexations by a municipality until it provides such services. It would also require a referendum for involuntary annexations, under certain circumstances, which would be held among residents in both the city limits and in the proposed annexation area. The bill passed the House and was returned to committee due to financial concerns.

Permit Extensions (regarding land use)

SB 831, introduced by Sen. Dan Clodfelter (D-Mecklenburg), grants an automatic 6 month extension of all building permits. This bill passed the House this week and will be returned to the Senate for concurrence next week. Housing/Mortgage

Appraisal Companies

SB 829, introduced by Sen Jenkins (D-Edgecombe), would require registration of real estate appraisal management companies in North Carolina. Neither the House nor the Senate bill has had any action since March of this year. However, on the Federal level there has been some movement. Click here to get more information on the Home Valuation Code of Conduct.

S.A.F.E. Mortgage Licensing Act

HB 1523, introduced by Rep. Dan Blue (D-Wake), is intended to conform the North Carolina mortgage licensing act with the Federal requirements that were enacted as part of the Housing and Economic Recovery Act of 2008. The bill passed the House and Senate and was presented to the Governor to sign on July 22, 2009.

Home Inspector Legislation

SB 1007, introduced by Senators David Hoyle (D-Gaston) and Don Vaughan (D-Guilford), incorporates changes to the Home Inspector Licensure Statutes. These changes cover everything from the summary page issues to the pre-licensing education requirements. The bill clarifies what information should be contained on the summary page of the home inspection report and requires all existing home inspectors to take 48 hours of instruction over the next three years on inspection techniques and reporting requirements. The bill also changes the licensing procedure from an apprentice-style approach to one that requires pre-licensing education. The bill was recently approved by the Senate and is now in the House.

Embezzlement of Closing Funds by Settlement Agents

SB 764, introduced by Sen. Josh Stein (D-Wake), clarifies the Good Fund Settlement Act. The bill passed the Senate and is in the House. The bill passed the House and Senate and was presented to the Governor to sign on July 17, 2009.

Affordable Housing/No Discrimination

SB 810, introduced by Sen. Floyd McKissick (D-Durham), makes it unlawful to deny a land-use permit because the project will include affordable housing units. The bill passed the Senate and is now in the House.