Tag: lawyers

7 Common Legal Terms Explained

Written by kwmlaw on February 24, 2022. Posted in Kelly & West News.

7 Common Legal Terms Explained

People say lawyers have their own language. While we use this language every day, our clients are often unfamiliar with the terms and are hearing them first. If you have a court case, here are some terms you may hear.

Plaintiff – The Plaintiff is the person who files a lawsuit. Another way to think about it is that the plaintiff is the person who claims that they were wronged and seeks to recover damages from the defendant.

Defendant – The Defendant is the person being sued. Although the defendant can bring claims against the plaintiff in the same case, called counterclaims, we generally think of the defendant as the person who is being accused of wrongdoing and must defend themself.

Statute of Limitations – The term Statute of Limitations refers to the period during which the person can file a lawsuit. These periods vary by type of case as well as by state.

Liability – Liability refers to the defendant’s legal responsibility for damages. For example, in a personal injury lawsuit, the ultimate issue is whether the defendant is liable for the injuries and damages suffered by the plaintiff.

Damages – Damages mean the amount of money that a plaintiff recovers in a lawsuit. This is categorized in several ways: financial damages (e.g., lost wages, lost profit, medical costs, etc.) and non-financial damages (e.g., emotional distress, pain and suffering, permanent disability). Regardless of categories, consider damages as what could be recovered financially in a lawsuit.

Credibility – Credibility is another way of saying that a person is believable — appears honest and trustworthy when telling their side of the story. The credibility of witnesses is a central focus in almost every lawsuit imaginable. This is particularly true when two sides tell two very different stories. A judge or jury must choose which version to believe.

Structured Settlements – Structured settlements are used to resolve personal injury claims and some other types of claims. They work by taking the money that would otherwise be paid in a lump sum to the plaintiff and investing it so that there is a consistent stream of payments over a set period.

If you need help filing a lawsuit or require legal counsel, give Kelly and West Attorneys a call. With over 30 years of experience, our team of highly knowledgeable attorneys has the tools you need to win!

6 Legal Questions to Ask Before Buying a Home

Written by kwmlaw on April 15, 2021. Posted in Kelly & West News.

It is easy to fall in love with a home and forget about all those important legal questions you should ask before making an offer. It is important that you have these questions ready for your attorney and the seller’s attorney before moving forward with your purchase. The answer may not always be what you want to hear, but it will save you time, money, and many headaches in the future.

You are wise to be doing some research before making your purchase. Here are some questions that we feel are important to ask, because real estate agents may not always tell you upfront.

1) Do I need a real estate attorney to create a contract and to close on the house?

The law varies from state to state. In North Carolina, the majority of these sales contracts are presented to the home seller by the real estate agent. The agents usually use a standard form by the North Carolina Association of Realtors. However, a real estate attorney can complete the contract for you if it makes you feel more comfortable.

2) Are there any liens or claims on the property?

An attorney will do title searches and acquire title insurance for the home buyer after you have entered into a written purchase contract. This means we will examine any public records of present and previous owners to find any liens or claims on the property. And for a good reason; only after a title search will you learn that something may be wrong with the title to the land. The previous owner may not own the land, or the property may have claims that must be paid in full upon closing.

3) What should I look for in the property deed?

A real estate attorney will make sure that the property is transferred to the buyer without any defects shown in the public records. The property deed is the document that says the home buyer legally has ownership of the home or property. Also, make sure to ask if there are any deed restrictions that may prohibit certain construction on the property or use of the property. The deed needs to be notarized and then recorded in the county’s Register of Deeds office.

4) Are there any problems with the house?

Make sure you ask questions about the roofing, foundation, insulation, and any appliances or air systems that have been repaired or replaced. In NC, the seller is legally required to complete a “Residential Disclosure Statement” as a part of the “offer to purchase” whereby the seller is required to answer numerous questions about the conditions of the house. Also, make sure you ask to see the paperwork. Without any documentation, it is hard to be absolutely sure that the seller really replaced that AC system.

*Caveat Emptor, or Buyer Beware, puts the responsibility on the buyer to learn about any defects or problems with the home. If you wait until after closing, it will be too late. There is an Implied Warranty of Fitness, which means the seller should ensure that the property is habitable, but it can be hard to enforce and prove this in court.

5) What if something goes wrong after putting down a deposit on the home?

There are instances where you may put a deposit down, but then the house doesn’t pass inspection, or your mortgage isn’t approved. These contingencies should have been addressed in the Offer to Purchase Contract. In addition to Ernest Money, the buyer can pay a non-refundable “due-diligence fee” which allows the buyer to get its Ernest Money if the buyer cancels during the due diligence period which is the time period set for the buyer to inspect the property. The seller’s agent or attorney will hold the deposit. To get your deposit back, you may have to put up a fight. The seller’s agent/attorney will not be able to release your deposit unless they have consent from the seller. Make sure everything is in writing and pay close attention to the detail and dates in the contract. Your real estate agent is of great advantage to you in this case.

6) Is a short sale possible?

A short sale is when the seller owes more money on the property than the price that they are asking. Although it sounds like it may give you the upper hand in the bid, it is actually better that the seller has a good amount of equity in the property. If they do owe more than they are asking, it is unlikely that the seller will pay for closing costs or any repairs. The main complication is that the bank holding the debt has to agree to accept less than what is owed to it.

Keep in mind that the real estate market is always changing. Depending on when you are looking to purchase a home, the market may be more influential for the buyer or the seller. Don’t procrastinate on finding the answers to these questions because you may miss the chance to buy the home that you absolutely love.

Contact us today if you have more questions about buying a home and would like to consult with a professional real estate attorney at Kelly & West.

Kelly & West Welcomes New Team Members

Written by kwmlaw on August 8, 2019. Posted in Kelly & West News.

The Kelly & West team has changed quite a bit in the past several months. We recently updated our Meet the Team page so you can learn more about the faces you see when you stop by our office.

We hired three new team members in the past year:

Ashely Martin is our new legal assistant. Ashley graduated from Campbell University Magna Cum Laude with degrees in both history and political science. She joined our team this March. Ashley has become a very valuable team member. She is very bright and has learned her job quickly and is an overall joy to work with.

Ruth Nieto also joined us not long ago. Ruth is a Billing and Coding Specialist and has specialized training as a Medical Office Assistant, making her an asset to our personal injury department. With her training, she has been able to help us gather and process medical records and review medical bills, which have become increasingly difficult to interpret in light of complicated billing codes, laws, and billing adjustments. Ruth also speaks fluent Spanish.

Teri Lecesse joined our team a Personal Injury Paralegal after years of working in the insurance industry. Teri is a people person and loves to help people. She understands and values hard work, is very dependable, loves helping our clients, and is an overall asset to the team.

Special thanks, also, to Darlene Currin, who celebrated 30 years with us this year! Darlene model employee and an invaluable asset. Although her job title may officially read bookkeeper and human resource officer, she is much more than that. She wears so many hats in our organization and helps keep the company running.

Learn more about our team or our lawyers. Or, contact us to get help with your legal needs!

5 Misconceptions about Lawyers and the Law — and the Truth about Lillington Lawyers

Written by kwmlaw on May 15, 2019. Posted in Kelly & West News.

Most Harnett County residents will need a lawyer at some point during their lives. While of course, many people won’t need a criminal defense attorney, we all need help with real estate, Wills, Trusts, and end-of-life planning.

Some people associate lawyers with being “money hungry,” the law as “corrupt,” and working with a lawyer as “helping the guilty.” We know it’s easy to blame lawyers for things, but most attorneys are committed to helping their clients navigate a complex system. Have you heard any of these misconceptions about lawyers and the legal profession?

Misconception: Lawyers take advantage of clients by charging high prices in times of need.
Truth: People sometimes believe that lawyers charge exorbitant prices because they know people are desperate and will pay either way. However, Lillington, NC lawyers contribute hours of energy, research, and time into a case. Most lawyers work more than 40 hours per week. The fees lawyers charge vary by location and type of attorney. While the cheapest isn’t always best, you can, of course, meet with multiple lawyers and discuss pricing before making a decision. There are more expensive and less expensive lawyers, and it’s up to you to decide what you need.

The Harnett County Courthouse. Photo by North Carolina Judicial Branch.
Misconception: Lawyers sometimes lie to win a case.
Truth: When lawyers are sworn in, they agree to high ethical standards. When you’re in court, you swear to speak nothing but the truth. Lying in court or on records can put a lawyer in trouble the same way it can for anyone testifying.
Misconception: Big companies always win against “the little guy.”
Truth: If you’re involved in a workers’ compensation case or personal injury case, you might feel intimidated by corporations and their legal teams. However, that doesn’t mean you should not speak to an attorney about your situation and consider suing for your rights.
Misconception: You don’t need a lawyer for a real estate closing, to create a Will, or in many other non-court situations.
Truth: Life is full of situations that require legal documents or a legal process, even if you don’t need to appear in court. For example, in a car accident, your attorney can help you gather evidence to help get your insurance settlement. When planning out your Will and estate, a lawyer will make sure the legal documents are set up properly, so your family doesn’t have to manage it later. A lawyer is your advocate, the person making sure all that confusing legal jargon is working for you — not against! So even for “just” a real estate closing, it’s critical to have someone checking on your behalf.
Misconception: Lawyers know how to argue.
Truth: While presenting an argument is part of being a lawyer, often the most essential part of our work is research, reading, and writing. We spend hours poring over documents, legal texts, keeping up with changes, and more — all to stay on top of our work.

If you have questions about hiring a Lillington, NC lawyer, please reach out to us to learn more.

What is TRID and How Can an Attorney Help You?

Written by kwmlaw on July 25, 2017. Posted in Kelly & West News.

Buying a home is an exciting and important step in your life, but there is much more to it than picking out the ideal home. There are dozens of forms to read and sign, terms to negotiate, and meetings to attend. One way the government has tried to uncomplicate this procedure is by revising previous laws and enacting the TRID rule for most closed-end mortgages.

What is TRID?

TRID was enacted in 2015 and is the combination of two Acts: the Real Estate Settlement Procedures Act (RESPA) and the Truth In Lending Act (TILA). TRID may be more commonly known as the “Know Before You Owe” rule.

Two Documents

TRID means you’ll see two extra documents:

The Loan Estimate: A three-page form that the buyer receives after applying for a mortgage. The estimate includes the estimated interest rate of the loan, monthly payment, total costs, and more.
The Closing Disclosure: A five-page form that provides the final details about the selected mortgage. The information contained in the Closing Disclosure is similar to the Loan Estimate, but the totals are the final, thus guaranteed, amounts by the lender.

What is A TRID-Certified Lawyer?

A TRID-certified lawyer will know all the details of TRID so you don’t need to stress about the details. Reggie Kelly, one of our own experienced attorneys, is TRID certified and can give you the guidance you need so you don’t miss any important dates or fine print that may work against you.

What Does TRID Outline?

Timing – With TRID in place, there are now strict timing guidelines in place that must be followed. The Loan Estimate must be provided to buyers no later than three business days after the lender receives the application and another copy no later than seven business days before consummation. The Closing Disclosure must be received no later than three business days before consummation. This matters to buyers because missing a timeline can mean missing out on that home you wanted.

0% Tolerances Category – This applies to the section in the Loan Estimate that details out loan fees and other fees. Fees paid to the lender, mortgage broker, or an affiliate must be written so that buyers cannot be swindled. You can also see exactly what you are paying for besides the cost of the property.
Written List of Providers – The lender must detail out a written list of settlement providers for which the buyer may shop for and the lender must provide sufficient information for those providers to be contacted and must state that the buyer may select a different provider for that service if desired. This helps you as a homebuyer to have access to providers, but know that you are not obligated in any way to use one of the lender’s providers. You always have the option to choose for yourself.

What Loans Are NOT Affected?

Home Equity Lines of Credit (HELOCs)
Reverse mortgages
Mortgages secured by a mobile home or dwelling not attached to real property

An Attorney Can Help

TRID was created to create fairness so consumers will understand what is happening in the home-buying process. But that doesn’t mean the game is always fair. Sometimes lenders can lead buyers to think something is required of them that is not. Even real estate agents may not be as trustworthy as you’d like. On the contrary, an attorney acts as your representative and only has your best interests in mind.

Navigating through the detailed process of home-buying can be daunting if you don’t have anyone representing you. An experienced attorney knows what TRID entails and can ensure that you’re given a fair deal and treated right.

Kelly & West have over 30 years of experience. Contact us to see how we can help you through the process of making your dream home a reality.

Why You Should Use a Lawyer Instead of an Online Site for Your Will

Written by kwmlaw on May 19, 2017. Posted in Kelly & West News.

We know you’ve seen or heard about websites that offer do-it-yourself legal services. Maybe you’ve met someone who can set you up with a Will for a low cost. You’ve weighed your options: pay for a lawyer or complete a much cheaper online template? We’ll admit it can be tempting, but with those savings comes a bit of a headache. Here’s why we suggest choosing a lawyer over an online service for your North Carolina Will.

False Sense of Security

You often don’t know if there are errors in your legal documents until too late. Errors in a Will are often only revealed after death. Similarly, problems in a contract are not normally identified until the parties are already engaged in a fight and looking at the contract to provide legal backing for their side.

One of the biggest issues that people have encountered when using do-it-yourself document preparation sites is that consumers are left with a false sense of security after completing these documents by themselves. Online legal documents can be out of date, inaccurate, or just flat out wrong, which may get your documents thrown out of court. Some of these websites do not use the standard state forms, which means a county clerk may reject it. Also, fill-in-the-blank Will forms are not always valid under North Carolina laws.

Small errors can have significant consequences. When the stakes are high, the last thing you want is errors in your legal documents. In one recent case, a missing comma cost a company millions of dollars.

May Not Provide the Counsel You Need

Planning for the future of your family or estate rarely is as simple as an online template would lead you to believe. Every situation is unique and should be treated as such as such.

Unfortunately, the disclaimer of online legal sites that their services are clearly not a substitute for the advice of an attorney, a lot of people use these websites with the mindset that by purchasing these services they can completely dodge hiring a lawyer, and therefore do not double check that their documents are executable.

Even with their guarantee of legal professionals on-hand to help, an online service is not a law firm. When you’re filling out these forms online, the company is not permitted to review any of your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

If you are thinking of drafting up legal documents whether that be a Will, contract, or power of attorney, please contact Kelly & West Attorneys. We will walk you through the process of setting up these documents with excellent customer service and over 30 years of experience. Let us help you prepare for the future.

7 Common Legal Terms Explained

Written by kwmlaw on April 27, 2017. Posted in Kelly & West News.

Ask anyone around you and they’re sure to say that lawyers have their own language. Often we forget that while we use this type of language every day, our clients are oftentimes unfamiliar with these terms and are hearing these words for the first time. If you have a court case, here are some terms you may hear.

Plaintiff – A Plaintiff is the person who files a lawsuit. Another way to think about it is a plaintiff is the person who was wronged and seeks to recover damages from the defendant.
Defendant – The Defendant is the person who is being sued. Although defendants can bring their own claims against the person suing in the same case, called counterclaims, we generally think of a defendant as the person who is being accused of wrongdoing and must defend themselves.
Statute of Limitations – The term Statute of Limitations refers to the amount of time a plaintiff can legally file a lawsuit. These statutes can vary by case type as well as by state.
Liability – Liability refers to the defendant’s responsibility for damages. To put it differently, during a lawsuit you are trying to prove that one party is liable for the injuries and damages suffered by the other.
Damages – Damages typically refers to the amount of money that a client recovers in a lawsuit. However, there are several ways to categorize damages, such as financial damages (e.g. lost wages, lost profit, out of pocket costs, etc.) and non-financial damages (like physical injuries, emotional distress, pain and suffering, permanent disability, etc.). Therefore, you should think of damages as the loss suffered and what could be recovered financially in a lawsuit.
Credibility – Credibility is simply another way of saying that you are believable — that you appear honest and trustworthy when telling your side of the story. This concept of credibility is a central point to almost every kind of lawsuit imaginable. This is particularly true when you have two sides that are telling two very different stories and a judge must choose which version to believe.
Structured Settlements – Structured settlements are used to resolve personal injury claims. They work by taking the money that would otherwise be paid in a lump sum to the plaintiff and investing it so there is a consistent stream of payments over a set period of time. A structured settlement can also be used to settle non-personal injury claims as well.

If you need help filing a lawsuit or require legal counsel of some sort, give Kelly and West Attorneys a call. With over 30 years of experience, our team of highly knowledgeable attorneys has the tools you need to win!

Why Lawyers Aren’t as Bad as You Think

Written by kwmlaw on November 3, 2015. Posted in Kelly & West News.

How many lawyers does it take to screw in a light bulb?
None. They’d prefer to keep their clients in the dark.

We’ve all heard the lawyer jokes. Lawyers were even listed as one of the least trusted types of professionals in this Gallup Survey. But lawyers aren’t actually so bad.

The truth is we’re here for you. We’re here to protect you and help you. We truly care about our clients, and we promise not to keep you in the dark.

Until you’ve been through an entanglement with the law, you may not realize how scary it can be. Whether you’ve been hurt, mistreated, or just need help with law documents, having a good, caring lawyer makes all the difference!

We didn’t create this tricky law system, but we’re doing our best to help our clients through it. We’ve spent numerous hours studying individual cases and working directly with clients to resolve their problems. We’ve spent time working with lawmakers and judges and to fight for your rights. We are here to help you through times of crisis and make sure you’re not taken advantage of by other people, by the insurance companies, or by law enforcement officers.

So don’t be afraid to give a lawyer a call. We’re not as bad as everyone thinks. If you’re ever in a situation where you need legal advice, you may find yourself very glad to have our help!