Coming up on this edition of Judica County Radio, your hosts, Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer Law Firm and practicing attorneys here in North Carolina. We're going to get into listener questions. Plus, we've got Josh fresh from a trip from Buffalo and big happenings up there. We'll talk about that. That's all next on Judica County.
Whitaker and Hamer presents Judica County with Joshua Whitaker and Joseph Hamer. Judica County Radio. Welcome in. Josh Whitaker and Joe Hamer, your hosts at the Managing Partners at Whitaker and Hamer Law Firm, the power behind this program. And they are practicing attorneys here in our great state of North Carolina.
They've placed offices convenient for you in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verena, Gastonia, and in Moorhead City. I'm Morgan And Patrick, my pleasure to jump on, talk legalese with the attorneys. There's going to be an opportunity for you to get a complimentary consult in and around estate planning.
So stay tuned for that. We'll throw out the phone number and you can grab one. But guys, as we always do, as we jump in, how was the week?
Well, Morgan, you know, I was in, I don't, I have a controversial take today to start the show. Let's hear it. I don't like vacation. Your family? Oh.
Oh, sorry. Love my family. I didn't know where you were going with that. I like to work. I like routine.
I like being around the house. And I don't like taking a week, or some people take more than that. I don't like taking a week and just not being in that routine. Yeah. and um so basically what i it's spending your time with your family that's like what i said yeah it stresses you out that's the that was the best part so we you know we uh my wife is from buffalo we went to buffalo last week and um no i actually love that part of it like being with like because you're just with your family right you know yeah that that's it i enjoyed that quite a bit but it's it's just not it's just i need to come to an office i need to do some work i don't have to work all day that can be the vacation i can just do a half day i i like the vacation man that that part is cool i would just prefer to just do that it's the coming back it's the no you know you got to come back yeah and you know with us we got to come back to uh all the beautiful things that we missed and the catching up.
And so, yeah, if you could have the vacation without the having to come back and catch up, then it would – I think it would be beautiful, man.
Well, I want to take an extra step. I want to take an extra step. Can we take out the packing for the vacation? Yeah, let's get rid of the packing. Just go minimal, man.
No packing. Just show up. Have a concierge service that just kind of does it for you. You just show up where you're supposed to show up. That's what I want.
Yeah. Josh Whitaker comes and picks out clothes for you. Stylist. Yeah, you got a lot of style, man. That's something we've been meaning to tell you and compliment you on.
But, yeah, man.
So we were up in Buffalo. And then while we were up there, everybody died. Wait, what? Yeah, I think you got it. Everybody in Buffalo?
I think you got it. I think you're worthy of this. Yeah, that's way too open.
Okay, yeah, because you're there with your family. You're just like, we go to Buffalo. Everybody died? You start getting investigated. Oh, my gosh.
But we were up there, and then, you know, Ozzy Osbourne passed away. And we drove, right?
So on the ride back, we came straight back from Buffalo, and we were listening to the Sirius XM Ozzy station. And so they got a 12-hour dose of Ozzy Osbourne.
So my kids can never say they don't know the classics because they got force fed. How many of those 12 hours were classics, though, man? There were some deep cuts. Yeah, okay. I was going to say.
There were some deep cuts. Yeah. And then Hokoga died. Yeah. And then yesterday, Ron Sandberg died.
12 hours of his gave us benefits. Yeah, Rhino. Yeah, Rhino was only 65 years old, and I'm a little bit older than you guys, but he was baseball from like 84 to 89. He was like a 10-time All-Star, league MVP in there. I mean, he was the goat during my prime years from high school all the way through college.
And he's not that much older than I am. And that hit kind of hard. And it was, I guess, complications from prostate cancer that had been detected. I think they thought they had gotten it and then they found out it had spread. And then once, I mean, I don't know when they found it out, but he had announced it a while ago.
Yeah. um and so i think everybody was preparing for this but it still it just came on the heels of uh you know and ryan sandberg doesn't know me but like you said like it was ryan sandberg and dale murphy right if you grew up in the south right that was who that's that that was your that was your baseball folks and then yeah now i was just going to add that you know when i was in college i spent a summer as a ground crew member for the braves so i got to see all of those players come through and rhino was one of the nicest guys to the ground crew guys he just he just was and there are a lot of those uh guys in that were in the league at that time and it was just a cool spot to be in the braves were terrible that year but they had they had done well a couple years before so they still had a lot of fans showing up but when the cubs were in town Fulton County back in the day would fill up with Cubs fans yeah just to really glossed over Hulk Hogan we can still go we can still go there I was kind of shocked by that one as well the kids my kids are well versed in what Hulk Hogan did for wrestling and they were a little young and you might be a little old in terms of like prime Hulkster time I'm right smack dab in the in that demographic where if you were a young boy of my age man the Hulkster was a big deal to you so I don't know well how about you I mean you I think you a little little past your time right like I think his prime was probably a little bit later for you yeah no I um no I came up with see I was I was watching wrestling at what 88 89 90 was like sixth grade so ah so you'd have been right there yeah i think i was right there and i was right there and there rocky yeah rocky i was really rocky what are we all right you're getting your errors confused here man no no no no no no he's he's right on cue oh you're talking about rocky the movie three he i thought you meant rocky like rocky maivia i thought we were really getting into a wrestling discussion you would have been too you were too young for hogan because i was like right no no you forget man you forget that that that video stores used to be a thing and and you could walk in and rent wrestling videos and so that's what i would do so okay well you got you guys are wrestling heads do you remember his movie name his movie character name in rocky three hot lips no thunder lips thunder lips that's pretty close hot lips that's a cool name i think that could be your alias maybe why was it loss on today i'm looking at you and no No, no, no. Thunder, but Thunder, I wore, we went to the Willie Nelson concert the other day, and I pulled out, I have some t-shirts I only wear on special occasions. Oh, no. And so I have my Hulk Hogan American Made t-shirt, and I pulled that out and wore it to the, I thought I'd give everybody, be like, hey, man, yeah, Hulk, no one said anything.
Yeah. They didn't know. They just thought I had, I was really proud to be made in America. They didn't know. At least you know, man, and we know, and that means something.
But, yeah, it was a lot of big hits, man, and I feel like more are coming. And I feel like maybe we're hitting that age. But like you said, Ryan Sandberg was young. Hogan was only 71. Ozzie was 76.
But, you know, he had not been doing well for a long time. Ozzie lived hard too, man. I was going to say, while you were in Buffalo, Theo Huxtable. Yeah. He passed away.
And, of course, what is that, Jamal? I can't remember his last name. But, anyway, played Theo in the Cosby Show. That was a big hit. And that was just a tragic, riptide.
yes Malcolm Jamal Warner Malcolm Jamal we gotta put some respect on his name yeah absolutely but one of the guys I remember kind of growing up with the Cosby show yeah well that's sad you know the Cosby show is such a good show we talked I know we've talked about this on the show before but you know because of because of what has happened since the Cosby show went off the air they don't show it yeah you never see the Cosby show anymore it's gonna just disappear like that's a good point man I hadn't seen yeah you don't you don't It'll be lost. Not for you, though, man. You're still a big Cosby Show fan. I think everybody was a big Cosby. That was like the most watched show on TV.
My biggest question about the Cosby Show was, remember all these wild sweaters that Cosby would wear? I'm like, who wears that? Cosby. Who wears those sweaters? He pulled them off, man.
I'm never really hot enough to wear a sweater. Yeah, I'm not a sweater guy, man. You're hot natured. No sweaters. Maybe a vest every now and then, but rarely.
I hear when you get real old, man, it changes for you and you start getting cold.
So maybe your sweater era is coming. And I'm looking forward to that. Again, we've complimented your style and I can't wait to see what you come up with, man.
Well, this show, you know, one of the things that I want to talk about, I want to talk about concealed carry permits. And more specifically, you know, we're here in North Carolina, we're licensed in North Carolina, concealed carry permits, how they're honored or not honored by other states.
So we're going to talk about concealed carry permits. And then we got a few listener questions to tackle today. Morgan. Judica County Radio hosted by Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer Law Firm. They're practicing attorneys here in North Carolina.
And they've got offices almost everywhere. Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verena, Gastonia, and in Moorhead City for your convenience. We have complimentary consults in and around estate planning. And again, this is an opportunity for you to get started on the planning or at least ask questions about the planning. But complimentary means no charge.
How do you grab one? You call this number 919-772-7000. That's 919-772-7000. You can also visit the website, wh.lawyer. That's wh.lawyer.
We're back with more Judica County right after this. We are back on Judica County Radio, hosted by Josh Whitaker and Joe Hamer. They're the managing partners at Whitaker and Hamer Law Firm and their practicing attorneys here in North Carolina. Great resource website. Check out wh.lawyer.
That's wh.lawyer. And while you're there, you can sign up for a complimentary consult for estate planning. You can also call 919-772-7000. That's 919-772-7000. And just ask for one of the complimentary consults on estate planning and get rolling on that.
And if you've got a question you'd like thrown at the lawyers, in a very polite way on a future program, you can send it to us, questions at judicacountyradio.com. That's questions at judicacountyradio.com. Josh, take it away. Yeah, so, you know, I was telling you guys earlier when we were off the air, you know, we were up in Buffalo. You guys have all, I know Joseph's had more.
Have you seen Superman? Have you seen the new Superman movie? I have not seen the new Superman, but I've been told I should. which I'm excited about because the last few have not been great.
So I'm excited, and it's a different director, different producers.
So, yeah, I've not seen it, but I want to see it. Joe, when you see a movie, do you guys go regular theater or do you do IMAX? Usually regular theater. Yeah, I mean, the fanciest we'll go is we'll go to a spot where they bring you your food and whatnot. You've done one of those fancy spots.
I had never seen it.
So we watched Superman before we left, and then we were in Buffalo and the kids wanted to watch a movie and we didn't want to watch anything that was out so we watched Superman again except this time we watched it in IMAX I had never seen an IMAX movie before but it was a little underwhelming that's why I was going to ask if anybody has a strong preference. Was it shot? The IMAX screen is gigantic but they have to shoot with IMAX cameras for it to fill the entirety of the IMAX screen. Superman was.
So then it was like full off.
Okay. And you were underwhelmed, huh? Yeah. It wasn't anything. It's just real big, right?
It's just real big. And there's that 3D component because my little one was like kind of amazed when everything started coming out, you know? Yeah. There was this one scene where somebody got teeth knocked out and the teeth kind of flew at you. Yeah.
You know they got the 4D now. There's only one. It's in Charlotte. But it's like, it's 4D. It's sounds and smells.
And movement. Yeah. Effects and movement. Yeah and I was thinking like I don know man I don know how you make that work Like who refilling the smell I not done it I be interested to see it But it like what are we smelling man Who producing these smells for us Well, I was told that F1, the Brad Pitt movie that's out, that in 4X was absolutely crazy. And my better half, Michelle, gets car sick if I take a turn too fast.
She goes, I'm a little green. Roll the window down.
Well, if you're watching, if you've seen F1, I mean, most of this movie, you're in the seat with Pitt. And it is like there's a lot of movement.
So I can't imagine being in 4X and have the seat move. And are they doing the exhaust in there, as Joe mentioned? What kind of smell are we getting? Gasoline and burnt rubber? Yeah, I just picture the guy working at the theater just going and refilling the gas smell.
Like, I don't know. I don't know how it works, man. I'm intrigued, though. I might have to go catch one in Charlotte. Maybe we take a radio family trip down to watch the smelliest movie we can find.
You've seen – I haven't been there yet. Have you seen Fantastic Four? I have. You both have seen that one already? Yeah, man.
Look, I love my children, Josh. I take them to movies, and they're into the movies. My kid's been filming his own movie. That's been my life outside of work for the last little while. and he's doing his world premiere tonight man so that's a big event oh that is big yeah so where's that world premiering in your house uh next door we got a big blow up inflatable screen and uh yeah my kids are serious about this as anyone's ever been about anything so uh yeah i keep your ass posted uh how much money he makes off of the five dollar tickets that he's selling to our family so i was like yeah they're your family don't forget the dollar lemonade oh he's got candy too man but i told him i was like look this is your family man you just want to see your movies like no no what's your point dad no they're paying they're paying money i was like well i got a buddy who wants to come make sure he knows it costs money make sure he knows that it's cash only so the uh we don't take cards to the backyard well you know we were so we're talking about packing for trips right and so you know i was thinking this week you know anytime I go to New York, I have a concealed carry permit.
I've had it for a long time and, uh, I will conceal carry usually on, on trips, right? If I'm going somewhere out of the ordinary, if I'm going somewhere where I haven't been there before, you know, I'll have a gun on me or, uh, you know, a gun around or a gun in the car or something like that. Um, I stay strapped. Yeah. Point point.
Josh will shoot you. That's what we're trying to get everybody to understand. Unless I'm in my normal places. If I'm on my normal places, I probably won't shoot you. But if I'm in somewhere that I'm not usually in.
But so we're going to New York. New York is one of the states that does not give full faith and credit to other states concealed carry permits. We've talked about New York before. There's been a lot of Supreme Court cases about their policy with concealed carry permits, how hard they are to get, how hard they are to maintain. and so I was going to be driving through New York, be in New York for a while and so I didn't take my guns, right?
So part of my packing was to unpack any guns that were already packed but that's something that I don't think a lot of people think about. You get used to having your concealed carry. Most states around us honor our concealed carry permits, right?
So you don't have any problem in like Virginia or Tennessee or South Carolina but when you start going up north, you know there's a lot of states up there that don't honor our our concealed carry and so you can get caught with what's a legal you know a legal weapon being uh carried in a legal way north carolina it's it's not new york new york could be a felony um that take you longer to pack your clothes unpacking all your guns you got more guns than clothes yeah you did you did use plural there so uh got it got an arsenal your car gun everybody's got a car gun right everybody's got Got you. Standard car gun. Yeah, the turret that comes out of the top of the car. Yeah. And then you got your, I always have, like, I have, I don't like to carry, like, a briefcase.
I have, like, an adult backpack, right, that I have my laptop in and work stuff, and I usually have a gun in there.
Okay. Your backpack gun. It's like a normal person. Yeah. So your car gun, your backpack gun.
Got a shoe gun, maybe? Got anything on your ankle that we need to know about? Nah, nah. In case the show goes south. you come up and ask Josh for an autograph as a fan of the show make sure he's not carrying his door the explorer gun backpack but yeah so you know full faith and credit is a constitutional provision that comes into play every state you know in certain circumstances like if you get married in North Carolina your marriage is supposed to be valid in all 50 states that was a big deal you know a couple years back as the Supreme Court recognized, you know, gay marriage.
And some states didn't want to recognize it.
Some states, you know, had recognized it already. And so you get in this, you know, there's these situations where, you know, if it's like a contested issue where some states won't get full faith and credit to other states. And so that's just something you've got to think about. Because that would have been terrible if I was in Buffalo, got pulled over for speeding. and then when I told him I had a concealed gun, I'd have been hauled off to jail in front of my kiddos, man.
It had given us a great segment for our podcast, the radio show. Yeah, I think Josh live from jail because of his backpack gun. I was going to say you've obviously made this trip to New York before, but I could see a number of people just not thinking about that. Not even thinking about it. And going across state lines and something like that happens, just an average traffic stop.
And boom, you're in some hot water. Yeah, New York definitely treats guns differently than most other states. It's a big deal up there. And I'm in the western part of New York, which is probably more gun favorable than the rest of New York. But still is the law up there.
So that's always something you have to think through. In North Carolina, we just passed the bill to eliminate concealed carry. We talked about that. where if you're over 18, the legislature passed a bill where you could just carry a gun. It got vetoed.
And I think they may try to overturn that veto this week, but I don't think they have the votes.
So you'll still have to go through the concealed carry process and getting that renewed and what have you. But I don't know, something to keep in mind when you travel. Not everybody thinks about that. We are going to get into some listener questions when we come back from the break. But Josh, if you would, just tell us a little bit about the complimentary consult.
Again, it's about estate planning. There are a lot of people out there that this is something that they put off, they procrastinate about. But it's something that is very important. You know, it's not always the most pleasant conversation, but having an estate plan in place, it basically eliminates a lot of what could be headaches. Yeah, as part of our show, if you're a listener, and Morgan will give you the numbers and all the contact information here again in a minute.
But if you listen to the show, something we do for our listeners, we offer a free estate planning consult.
So me and Joe spend a lot of our time at the firm talking about trust, estate planning, things like that. And if you give us a call, you know, one of our paralegals, one of our staff will reach back out to you and get you scheduled to sit down with us for a free estate planning consult. And so, again, no obligation. We just talk to you. We can make recommendations.
All that's free. If you don't want to go forward with it, you decide you really don't like the way Joe looks in person, whatever it may be. Whoa, whoa, whoa, whoa. Don't sell it that way. You decide you like the way I look too much and it makes you uncomfortable.
Either way, man. You don't have to go forward. You won't owe us anything.
So it truly is just a free estate planning consult. Everybody in North Carolina should have an estate plan. And we'll talk to you about it for free, give you our advice. All right.
Well, the contact information is this. Call this number, 919-772-7000 for one of those complimentary estate planning consults. Again, 919-772-7000. Again, you're leaving the checkbook at home. There's no obligation to become a client, but you'll get an idea if you're ready for estate planning, and most of you should be.
919-772-7000. You can also visit the website, wh.lawyer. That's wh.lawyer. And when we come back, we'll back in to our next segment.
Somebody's backing in. You're listening to Judica County Radio. We are back on Judica County Radio. Your hosts are Josh Whitaker and Joe Hamer. They're practicing attorneys here in North Carolina, and you can find them at Whitaker and Hamer Law Firm.
They're the managing partners there. And again, in our great state, they placed offices convenient for you in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verena, Gastonia, and down at the coast, Moorhead City. I'm Morgan Patrick. My pleasure to jump on and talk with the attorneys about what we're going to get into. That is listener questions, but there's also an opportunity for you for a complimentary consult in and around estate planning, meaning no charge to it, no obligation to it.
See if you're on track with your estate plan. If you haven't started, This is a good opportunity to get rolling on it. And again, 919-772-7000, the number to call to grab one, 919-772-7000. You can also visit the website, wh.lawyer. Josh.
You guys, in the last segment, you told me you'd seen Fantastic Four. We're not going to give any spoilers, but was it good? Yeah, I thought it was good. Silver Surfer was female, and I thought it was well, well done. Yes.
yeah it was good man it was good i probably preferred superman a little you know it wasn't bad it was they were close but my kids loved like fantastic four better kids said it was the best superhero movie they'd ever seen they were wow i don't know about that but yeah well they're kids man original iron man yeah the um all right so we're gonna get to a we're gonna get to a couple listener questions and the first listener question this actually came up um i sat down with some folks who are refinancing, right? Right now, interest rates are staying pretty high. We don't see people refinance as much as they have been, although there's still reasons to do so and rates were a little lower than they were last year. But here at the law firm, we do a lot of, we call them closings, right? Real estate transactions.
And so, you know, if you're working with a real estate agent or a bank and you're buying a house or you're refinancing your house or getting an equity line, a lot of times the bank is going to require you, your lender is going to require you to select an attorney to be your settlement agent, to be your closing attorney. And so one of the questions I got this week was from somebody who was refinancing and they had gotten through, they had a mortgage broker or a lender or whatever. And so they had gotten, they're clear to close, right? They got approved for their loan, all that was done. And their question basically was like, can I use Whitaker and Hamer to close this loan, right?
To be my closing attorney. And that's an easy listener question to answer because yes, you as the buyer or the borrower, you always choose who your closing attorney is, right? And so if you're working with a bank, they may have some recommendations, right? If you're working with a real estate agent, that real estate agent may have an attorney they like to use for closing. But in the end, it's always your decision who your closing attorney is going to be.
And so these folks wanted to use us for a refi, and they didn't know that they could pick, right? The lender had just given them just three random choices, and they didn't know those people, and they wanted to know if they could use us. And so I sat down with them and closed that loan the other week.
So you always have that choice, right, Joe? You always pick. That's right. You have the power. You have the choice.
And, you know, with a refi, if you're refinancing, you know, that's a little more straightforward. You know, your lender may have suggested attorneys that they work with, that they like, that they can suggest to you. But ultimately, at the end of the day, that's your choice. You can choose to have your closing with whoever you'd like. And on the purchase side, if you're purchasing property, you know, we see this a lot.
We've got a lot of builders that we work with, and we're their preferred attorney. and they like closing with us, but again, they're the seller in transactions.
So technically, they can't make anybody close with our office. What they can do and what a seller can do is give you some kind of contractual incentive to do so. They can say they'll pay some of your closing costs. That's perfectly above board, and they can encourage you to use a different attorney than the attorney you want to choose, but ultimately, it's your choice. No one can force you to do it, so you have the power, and you have the right.
And occasionally on the show, I like to talk about what attorneys charge in different areas of practice I think for folks who don use attorneys a lot you know when I grew up my family rarely rarely needed an attorney And so I think that confuses a lot of people. And so for a closing, an attorney should have a closing fee, right? A settlement fee, a flat fee for closing. And wherever you're going to do your closing, that attorney should be able to tell you, well, these are my fees, right? A closing attorney can have a settlement fee.
Maybe there's a title search fee. It can be wire fees, overnight fees, right? But they tell you ahead of time. Your closing attorney should tell you, hey, this is what I charge for this. And if you need these other services, here's what I charge.
But these are kind of this kind of a flat fee service where you should be able to ask an attorney ahead of time, hey, I had this closing. This is what I'm doing. What does it cost? And they should be able to tell you.
Sometimes attorneys, we talk about it, right? For personal injury attorneys, car accident attorneys. Usually they don't get paid unless they win your case. That's called a contingency fee. Um, you know, that's not how it works for, for real estate closings.
They're going to have a fee that you agree to ahead of time. And that's what you'll be charged at closing. And, and it's a closing, uh, closing attorneys are free to set their own rates, right?
So you might go to one closing attorney who charges this, another closing attorney might charge double. They're not doing extra work. That's just what they've decided their, their time is worth. And that's what, that's what they charge.
So that's something you can definitely shop, shop around for lack of a better word, you know? Yeah. And I think it's, and I think, you know, there's going to be very, the fees are going to vary, right? You know, different attorneys are going to charge you different fees, but, but I think it's, it's goes without saying, and I think it's the industry standard that when you're coming for a closing, whether it be a purchase or refinance industry standard is it's going to be a flat fee for you.
So if you get into a situation you talk to and hopefully you're coming to us, but if you talk to another attorney and they tell you, you know, they're going to charge you hourly for a closing, then that's a, I think that's what we would call a red flag. And, uh, and you should be able to, you should be quoted a flat fee. This is what it's going to cost for your closing, you know? And again, that could vary if they know it's going to be a very difficult title search or a very problematic loan or very involved and their fee may be different, but generally speaking, expect a flat fee quote for your closing. If you're coming from out of state, so if you're moving to North Carolina from another state, North Carolina is an attorney state.
So attorneys do closings, not the title companies, title insurance companies in some states like New York and California, they're the ones you go to their office. And here you still have title insurance, but it's done with an attorney.
So it's kind of in North Carolina, they've separated. In some states, the title insurance company does the whole thing. North Carolina, it's been separated out. They think that's a better, that offers the consumer better protection to have the title insurance company and the attorney both involved. And so you're going to go to an attorney's office in North Carolina.
Some folks aren't used to that coming from other states. But, yeah, so I wanted to bring that up because that's, you can just tell them Whitaker and Hamer, Josh Whitaker, Joe Hamer, you can give them us, you know, we do so many of those. I think we tried to tally up the total amount of closings we had done a couple of years ago. And I think we got over 66,000 real estate transactions. It's a pretty substantial number.
And that was a couple of years ago. Yeah. Who knows? Into the billions at this point. we ought to put it on our sign like mcdonald's used to do man with the cheeseburgers yeah big max yeah just just tick them off man i like that have it you got you got some great ideas today man buffalo really sparked your creative flair and i thought i that's what i that's what i did man i just sat there when we weren't doing anything and just kind of thought about stuff and that was one of my ideas the mcdonald's mcdonald's idea but uh new slogan for the law firm Whitaker and Hamer we're gunning for your business yep yep the uh you know the other thing Joe I know you had a you had a listener question about a uncanceled deed of trust while we're talking about real property and we're in this real property law conversation yeah not even so much a question just as a situation that we we saw we I mean we see this come up all the time and it's super unfortunate but you know we do a lot of closing transactions and you know there's a lot of folks out there who purchase cash and and good for you if you're you're able to do that but but you know I'd say the majority of people they go they get a mortgage when when they purchase their home and you know there's we're talking about refinancing and so in the situation where you're refinancing if you purchase a home you take out a mortgage there's going to be a lien from that mortgage on your property and then if you go to refinance what you're going to do is you're going to get a new mortgage there's going to be a new lien recorded and that original lien should be satisfied you know someone you send the money in for the payoff your attorney does and whoever the lien holder, the lender is in that case, they're going to satisfy that mortgage.
They're going to file something down with a register of deeds that just says this has been taken care of. And if that is not done, then technically that lien still exists and it's still on title. And so something that we see not all the time, but enough to where it is a, I'd call it a semi-regular problem, is a situation where someone has refinanced and then for whatever reason that satisfaction wasn't recorded so the the lien is paid off there's no balance due on on the loan itself but there still is a lien on the property and that is an issue it's an issue for you if you're the seller uh even though it's through no fault of your own uh but that's something that we we do see and i and i tell you man that's that's the type of thing that can throw folks for a loop and kind of into a panic, especially if it's something that's caught later in the game. And, you know, there's nothing you can necessarily do other than just follow up with the folks that were involved. That's something where the attorney who handled that refinance closing and that lender would need to coordinate to get that resolved for you.
But I guess it's more of an awareness thing, right? Like be aware of the possibility of this. Yeah. And it's always a surprise, right? It usually comes up when, you know, you're selling your property, you've got it under contract.
A buyer goes and gets a closing attorney. They do a title search and they say, well, wait a minute, you refied back in 2012. And, you know, this equity line wasn't canceled of record. That's usually your bank's fault at the time, right? Whoever you got the prior mortgage with is supposed to cancel the other one within 30 days.
a lot of times they won't or they do it wrong or they send the cancellation to the wrong county all kinds of things can can kind of happen and and so uh uh you know yeah so there's a there's there's work to be done when you it's it's not a death sentence or anything but you gotta you gotta figure it out yeah no one's gonna die because of your uncanceled war unless uh unless they they roll up on josh whitaker on the wrong day with his backpack gun but uh door of the explorer what you can do what you can do in that situation the best thing the best advice i can give you is just to be on top of it and follow up with the folks you need to follow up with and and put pressure on them you know the pressure coming from you a lot of times when we're the closing attorney for a new buyer in that situation the sellers a lot of times like to lean on us and we're we're happy to help as much as we can but ultimately pressure coming from you, the client, is going to mean a whole lot more than us.
So the best thing you can do is just bother folks, get in their ear, you know, keep the ball rolling and stay on top of making sure those folks are getting the issue resolved for you. You're locked into Judica County Radio. We are in the middle of listener questions. Josh Whitaker and Joe Hamer are your hosts of the managing partners at the firm, Whitaker and Hamer Law Firm, and their practicing attorneys here in North Carolina. offices located Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verena, Gastonia, and in Moorhead City.
And we do have complimentary consult in and around estate planning. All you got to do is call 919-772-7000. That's 919-772-7000. You can also visit the website, wh.lawyer. We're back right after this.
we are back on judica county radio your host josh whitaker and joe hamer they're the managing partners at whitaker and hamer law firm the power behind the program and they're practicing attorneys here in north carolina offices located for you in raleigh garner cleveland clayton goldsboro Fuquay, Verena, Gastonia, and in Moorhead City. I'm Morgan Patrick. My pleasure to jump on. Always legalese. We've got listener questions this week.
We've also got complimentary consults in and around estate planning. If you've got any questions and you've been thinking about the estate plan, but you haven't pulled the trigger, this is your opportunity. There's no cost to it. There's no obligation to it. Again, call the number 919-772-7000.
That's 919-772-7000. Ask for one of those complimentary consults, they'll line you up. And you can also go to the website, wh.lawyer. That's wh.lawyer. Really good resource for you.
We are back to listener questions. Josh, take it away. Yeah, I think, you know, some of these, some of these listener questions are kind of aggregate, right? We're taking questions from a lot of different people and kind of putting them into one question that is probably more useful to talk about on, on the radio than, some of the more specific questions. But Joe, one question we get a lot when we're talking to folks about estate planning is, who should my successor fiduciaries be?
And so I think before we can answer that question, how should we select who should our successor fiduciaries be? We have to first kind of define fiduciaries and what in an estate planning context who we're talking about? Yeah. So it, you know, your fiduciary is somebody who's acting in your interest, right. And has a, what we call a fiduciary duty to you.
So whatever that duty may be, it could, it could vary depending on the role, but ultimately they're going to be doing something for you, right. They're going to be handling something on your behalf. And so we can't, we can't really tell you who it should be, you know, because that's a very subjective personal question based on your situation. We can give you some guidance and and ultimately, you know, you want it to be someone you can trust, someone that you feel good about and you can trust because in the event that, you know, their their ability to to make these decisions or do this role for you is triggered or whether they have it just by right. They're going to be able to do some things on your behalf or potentially as if it was you yourself acting.
So it really needs to be somebody you can trust. Depending on what the nature of the fiduciary role is, you're going to want someone who's responsible, who makes good decisions. You might want someone who's got some fiscal responsibility and that you feel good about in terms of because they could be managing your money. They could be making health care decisions for you.
so we can't without knowing your exact situation and even then you know we don't know people in your life like you know people so all we can do is kind of give you guidance on the characteristics that that you would generally look for in a fiduciary and say you know that's that's kind of what you're looking for but uh yes if you're folks get we see folks get hung up on that a lot josh you know and really struggle with the decision of of who you want who you want your fiduciary to be? Yeah. A lot of times this comes up, you know, when you're sitting down with us, we're going to talk about, you know, we're going to talk about fiduciaries. We're going to have asked you that question. Like, who do you want the executor of your estate to be?
Who do you want, you know, uh, the trustee of your, your trust to be after yourself? Usually you're always your own trustee for as long as you can, but, but who do you want your net, the next in line to be? And And when you're setting up your power of attorney, who do you want to be your attorney? In fact, your agent, when you can no longer act for yourself. And a lot of times if people are married, then they're going to naturally go with their spouse a lot of times, right, to be the backup.
But you and your spouse, you know, if you fly a lot or you're together a lot, then we have to prepare for the fact that, well, what if something happens to the both of you at or about the same time? who's next in line, right? And so a lot of people will go to maybe their oldest child if their child is, you know, if they have adult age children. But that can get real difficult real quick, especially if your children are not 18, you're 18 or under, when you're talking about guardians or backup trustees because if something happens to you or you and your spouse, who's going to step in and know enough about you, know enough about your estate plan. Who are these backup fiduciaries going to be And some people look to parents who may still be with us right Or good friends right But that always comes up a lot But those are successor fiduciaries And yeah we do see people get hung up on that a lot because a lot of people don't have those kind of folks around to ask to do that.
I don't know. It just comes up quite a bit. And a thing I tell folks a lot when they're stuck, right, they get this analysis paralysis. lot paralysis they like get stuck and they can't move forward because they they can't figure this thing out i i tell folks you know because again another thing we we strongly encourage is is have as many successors as you can comfortably have because you you don't know what's going to happen right and you know god willing all of us will live forever and uh you know your your your kids will outlive you your spouse will outlive you these folks will be around if the time comes and you need someone to step into this role you've appointed them to but but things happen and situations happen and you know there can be a situation where you appoint you know you just have one fiduciary appointed that person either loses capacity or you fall out with them or they pass away and and what's going to happen is is if there's no if there's no one else stated for the role, then the law is going to step in and dictate. And you're in a situation that's a little bit tricky.
So it's always better for you to retain that control. And even if you've got some reservations about someone, but they fit the bill in the majority of ways, and you just got this one hang up, a lot of times having that person as a backup, even if they're a few people down the line, is better than having nothing there. And so that's really the consideration you got to make is is someone better than no one. Yeah, absolutely. You need an estate plan in place.
Don't let successor fiduciaries get you too hung up. You can always make changes later or just not, I mean, in the worst case scenario, not have them. But yeah, don't let that keep you from getting your estate plan in place. That's something you can think on as you go forward. But that is a big question we get.
And, you know, we started in the last segment, we were talking about real estate closings, and it got us talking about attorney pricing, you know, how attorneys charge for different things. I know we've touched on this before, but it comes up a lot. Estate planning is kind of like a real estate closing. It's a transaction. And when you come in and meet with an attorney, for us, it would be free, right?
We're offering free consults. that attorney is going to give their advice and that attorney should be able to quote you. You know, we've talked about a will. We've talked about a trust. We've talked about blank, blank for, for those services.
This is what I would charge. And, uh, that's another one where you don't really pay hourly. It's not a contingency. There should be a flat fee, uh, that whatever attorney you're speaking with can, can quote you a fee for those services. and there and again there's there's always complications you know there's you might have a very complicated situation and so the attorney might have to you know think about that you know and and um but yeah i get that question a lot too joe it's a good question man so i was going to ask too if they come in for a complimentary consult um you guys go over a lot of these basics and then And there are going to be questions that come up during these consults.
And again, it's a living, breathing thing. This is going to be your estate plan that needs to be, you know, occasionally looked at as you move through life. And there are going to be changes because life doesn't happen in a vacuum and estate plans need to be changed. But when you sit down, Josh and Joe, when you guys sit down with these consults, all of this is part of the conversation. Yeah, that's right.
We, you know, we're going to give you a comprehensive look at things and we're going to use our experience and the things that we've seen to advise you. And everybody's situation is different. You know, estate planning is very subjective.
So there's no one size fits all solution. And we're going to get to know you. We're going to get to learn about your situation. We're going to find out about the people in your life and about what your finances and whatever assets that you have are. and we're going to give you our best recommendation based on based on all the available information and um we got a lot of a wealth of experience to draw from to to do that for you well and you can put that to use for you a complimentary consult available with whitaker and hamer on estate planning just call 919-772-7000 that's 919-772-7000 you can also visit the website wh.lawyer It is a resource.
You can also sign up for the consults there as well. Again, 919-772-7000. Just ask for one of the complimentary estate planning consults. And you can also go to the website, wh.lawyer. We're back to wrap up another edition of Judica County Radio right after this.
we are back for our final segment judica county radio your hosts are josh whitaker and joe hamer managing partners whitaker and hamer law firm right here in north carolina that's where they practice law and again whitaker and hamer is the power behind this program they placed offices in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verena, Gastonia, and in Moorhead City.
So spanning the state, opportunity to get on their calendar for estate planning, a complimentary appointment, call the number 919-772-7000. Again, that's 919-772-7000. You can also visit the website, wh.lawyer. I'm Morgan Patrick. My pleasure to jump on with the attorneys.
We are in our closing segment, Josh and Joe. what's the final thing on your mind i gotta go i gotta go um well you know what i was gonna ask you this is really all my questions today my off-topic questions today have revolved around movies uh because this is a big movie summer movie season did you watch happy gilmore 2 yep saw that as well man been watching a lot of movies lately i've been watching a ton of movies lately yeah i watched it and i guess it's kind of had mixed reviews fantastic interesting it's fantastic yeah and mixed reviews uh rotten tomatoes loved it there are a lot of people out there that don't like it they thought it was just too many cameos i go that's the point that's an adam's movie man i think i think that's what you get from an adam's saying i thought it was better than what he's most of the stuff he's put out lately i'd say i thought i thought ben stiller was underused yeah yeah i thought that was the maybe if there was a weak point it was like what his role was but yeah stiller's way too funny to to be in it that little that's just my point yeah i was concerned because you know adam sandler always you know had a lot of his family in the movie he has the same friends that kind of show up and i dig that you know but he was missing like two of two of the friends i don't know their names the two of the friends that were in a lot of the movies they were the gay couple in big daddy i don't remember their names but i didn't see those guys in there i think they had a falling out potentially um what's that guy is that peter dante is that his name i'm saying that off the top of my head yeah that's who it is peter dante i think they think he and peter dante uh he had a controversial arrest that's what google tells me that got hilarious though man that guy he might be my favorite guy out all those guys is that the other guy the other guy was in it though the other guy was in it he was briefly in it i'm all but positive he was not uh you sure the guy that always does the crazy eye thing is one of the he was yeah yeah he was in it but not the other yeah there's two wasn't in it yeah who was his okay hold on a second man i'm gonna do some they were the i'll do some independent research was dante the quarterback in waterboy oh yeah is that alan covert is that that guy's name i'm saying all these things yeah that's who that is he was uh he was not in it as well yeah they weren't in there what happened to those guys he was written out of the script oh oh because they yeah because they had a new caddy a bad bunny play the caddy and he was good yeah it sounds like it was a narrative choice is what yeah and they made light of the caddy being uh will zalatoris who played golf at wake forest and now is on the pga tour yeah that guy looks way different man he looks way less uh he's a strange looking kid man he looks like a very normal looking adult it all evened out for him yeah it took a little while to even register it was the same dude they wanted it to be the same dude will zalatoris did not play the caddy in the original ah okay i see i just saw that he had a glow up man you know i didn't know oh so it's not the same person no no not at all no that poor kid that didn't get uh yeah get back in the movie man i feel bad he didn't get the reprisal now yeah they always made fun of the fact that zalatoris looked like the caddy if the caddy would have grown up and actually played i see I see you got all this inside and insight Morgan and that's why yeah that's why we really big bucks that's exactly right yeah such big bucks yeah but it was good and uh huge viewings um you know as far as the numbers for for Netflix so you know another Sandler movie that's just off the charts I mean it really is amazing I just looked up this idea of the other guy the guy who was the the choked out caddy in the original he looks completely different man looks nothing like anybody yeah the dude the the the your guy looks way more like himself than this guy does so it's a good choice but that was that was good we ended up by the whole family watched that one and like everybody hung in there even our our smallest like everybody made it through everybody laughed i mean that's a good movie yeah if everybody if everybody sticks it out and and and get some giggles man and that's yeah yeah sandler's got an obsession with the the male penis and the thrusting i mean all the characters were doing it that go over well in your house uh with the with the boys there he's got several boys man they love that i guarantee you i guarantee you oh yeah but that's that that's what he did in the original though so yeah yeah i feel like there's spoiler alerts galore in this uh in this segment but well what about what about the uh was it ai they used for jared the subway guy that was in the booth with lundquist because he never spoke He just sat there and nodded. And, of course, Jared, is he still with us? I know he went to prison. He wasn't in there.
I haven't been checking in on him. Look at the booth segments during the tournaments. The guy that sits next to Lundquist looks a lot like Jared from Subway. It's not, though. It's the same.
I can't imagine they would have stung Jared. I'm just saying. I think it might have been AI or somebody that looked like the guy. That's interesting. That's interesting.
I think that guy's just an announcer. no no it's too too canny the resemblance just go back and look at the original happy gilmore and then whoever they put next to lundquist um you know in this new happy gilmore too uh it had to be i would think ai and something but they they found a doppelganger they broke him out of jail just i don't i don't know what what that uh yeah i'm gonna respectfully disagree with you morgan i think that's the same guy and it's just an announcer guy i don't think it's Jared from Subway. We'll have to go back. We'll have to review the footage. No, think about it.
Subway was his sponsor. Yeah, I understand. He was in the original movie, and then he went to prison for some bad, bad stuff.
Well, I can tell you, man. I can tell you. You know, my kid's doing a movie, and I can say with full confidence, Jared from Subway is not in his movie. Yeah. I don't think he was in either one, Morgan.
I think you're having like your, what do we talk about? Sinbad's genie movie? The Mandela effect. Go back and look at the original Happy Gilmore. Yeah.
He's in there.
Well, Joe's been doing some Googling there. I've been doing some independent research. I'm not finding anything. I might have to keep digging. Maybe they've scrubbed it because of it.
I mean, he was doing bad stuff. I shall continue to dig. All right.
Judica County Radio, on that note, we are going to close up shop for this week. Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer Law Firm. They're practicing attorneys here. In the great state of North Carolina, offices located Raleigh, Garner, Clayton, Cleveland, Goldsboro, Fuquay, Verena, Gastonia, and in Moorhead City. The complimentary consults on estate planning can be had by calling 919-772-7000.
Just leave your information. An attorney with Whitaker Hamer will be in touch for one of those complimentary consults on estate planning. 919-772-7000. You can always visit the website, wh.lawyer. That's wh.lawyer.
Another edition in the books for Judica County Radio. For Josh and Joe, I'm Morgan. We'll see you on the radio next week. Judica County is hosted by attorneys licensed to practice law in North Carolina.
Some of the guests appearing on this podcast may be licensed North Carolina attorneys. Discussion on this podcast is meant to be general in nature and in no way should the discussion be interpreted as legal advice. Legal advice can only be rendered once an attorney licensed in the state in which you live has the opportunity to discuss the facts of your case with you. The attorneys appearing on this podcast are speaking in generalities about the law in North Carolina and how these laws affect the average North Carolinian. If you have any questions about the content of this show, you can direct such inquiry to Joshua Whitaker at jmw at mwhlaw.lawyer.
