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The Person In the Act

By: W. Paul Lewis, Title Counsel, Pinehurst & Wilmington


Early this January I had the opportunity to attend the Moore County Bar dinner and listen to Janice Davies'
presentation on the new North Carolina Power of Attorney Act. Ms. Davies and I chatted before her presentation, and, upon learning what I did for a living, she said, “You are the person in the Act.” Well, that certainly peaked my interest because if I have some active part in this new law, then I better know what will be expected of me.


My focus in this article will be on the “person's” duties and liabilities under 32C-1-119 and 32C-1-120. While I will neither discuss the structure of the Act nor the other areas in the Act except peripherally, I would like to make a general comment about the Act. Chapter 32C is well thought out and logical. It brings needed change and clarity to the law of Powers of Attorney. This Act will provide clear guidance to all of us. We should all be thankful to those individuals that recognized the need for this law and took the time and effort to bring about its passage.

32C-1-119 deals with acceptance and reliance on a power of attorney. It is referred to as the safe harbor of the Act because it allows a person to rely on the genuineness of the principal's signature, the genuine validity  of the power itself and the validity of the agent's authority. These are three issues that we all have had to red flag every time a power of attorney has crossed our desks (and we will continue to face these issues on powers of attorney executed prior to January 1, 2018). There are, however, requirements to get into this safe harbor, and there are safeguards to assure us and others that the requirements have been met.

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Attorneys Title merges with Berkshire Hathaway HomeServices
Carolinas Realty providing growth and new business opportunities

WINSTON-SALEM, NC (December 4, 2017) – Berkshire Hathaway HomeServices Carolinas Realty today announced the acquisition of Attorneys Title, a leading, independently owned title insurance agency in North Carolina. Financial terms were not disclosed.

With more than 35 years of experience, seven offices, and 25 employees, Attorneys Title is known for its experienced legal team and underwriting professionals who provide best-in-class customer service and unequalled local expertise in both residential and commercial transactions across North and South Carolina.

One of the largest full-service residential real estate firms in North Carolina, the Berkshire Hathaway HomeServices Carolinas Realty family of companies serves the metropolitan areas and surrounding communities of Charlotte, the Triad, the Triangle, and Pinehurst & Southern Pines with nearly 900 sales associates in 15 offices. With the merger, the Carolinas family of companies adds additional resources and valuable expertise to help customers buy and sell their homes and furthers their commitment to providing a seamless experience throughout the real estate transaction. Kimberly Rosenberg will remain with the company as president of Attorneys Title and Bryan Rosenberg will continue as vice president of operations. Kimberly and Bryan will continue to lead the firm’s growth initiatives and manage day-to-day operations.

“The longstanding commitment by Attorneys Title to our customers and our employees will not change,” said Kimberly Rosenberg. “Berkshire Hathaway HomeServices Carolinas Realty and Attorneys Title have a shared vision of providing superior customer service. In Berkshire Hathaway HomeServices Carolinas Realty we have found a business partner with an impeccable reputation and one that provides us with exciting opportunities for growth as we continue to serve the needs of our new and existing clients.”

“The Berkshire Hathaway HomeServices Carolinas Realty family of companies is committed to redefining home buying, home selling, and home ownership by integrating all the elements of the real estate transaction into a seamless experience,” said Tommy Camp, president & CEO of the Berkshire Hathaway HomeServices Carolinas Realty family of companies. “The merger of Attorneys Title into our organization reinforces and strengthens this commitment and our ability to provide the highest level of service to our clients and sales associates.”


Best PracticeD - Our Best Practices Solution for Encryption of Email

Attorneys Title is working hard on compliance with ALTA's Best Practices and we know you are, too. In order to send and receive securely encrypted documents via email that are in compliance with the protection of valuable NPPI, we selected ShareFile by Citrix so that...


  • We can send encrypted documents.
  • We can provide a link for our customers to upload documents securely.
  • We can forward documents securely on behalf of our customers
  • Access to files is available anytime, anywhere.
  • Recipients are not required to have a ShareFile account to access files.


If you haven't checked encryption off your to-do list yet, don't lose a deal - contact us and we will help. We can send our document, or even your document, via ShareFile.

*Interested in learning more information regarding ShareFile by Citrix? Visit their website,



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Who Are We?

Attorneys Title has been providing title insurance services to North Carolina real property attorneys for over thirty years.  We are long-standing supporters of the approved-attorney system and have continually provided  the best customer service in the industry.  With offices located throughout North Carolina and one of the most experienced legal teams in the business today, we are well-equipped to continue that proud tradition.  

We are agents for First American, Commonwealth Land Title Insurance Company, and Chicago Title Insurance Company. We have chosen to work only with those underwriters who have proved to have the financial strength you and your clients need in this economic environment. We maintain a library of over one million prior polices from First American, Commonwealth, Fidelity and Chicago Title and we are easily your best source and choice for information. 

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MyTitleLab is a personalized, unique title insurance resource designed by Attorneys for Attorneys and their staff.  MyTitleLab was designed from the beginning to be both flexible and intuitive.  Features include prior policy searching and rate calculations too.  Visit MTLColorLogo.gif today or contact your local Attorneys Title office for a demo!