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Who We Are

McGrath & Spielberger, PLLC was founded by enterprising attorneys whose goal is to always provide high quality yet affordable legal representation to citizens and businesses in Florida, Georgia, North Carolina, Ohio, South Carolina, and Tennessee. Together, the attorneys of McGrath & Spielberger have decades of legal experience to draw upon when providing legal representation to their clients.
Business Lawyers Charlotte NC
Business Lawyers Mt Pleasant SC
Contract Lawyers Charlotte NC
Contract Lawyers Mt Pleasant SC
Real Estate Attorneys Charlotte NC

Real Estate Attorneys Mt Pleasant SC
Foreclosure Attorneys Charlotte NC

Foreclosure Attorneys Mt Pleasant SC
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What We Do

Business Law NC & Business Law SC
Contracts Charlotte NC & Contracts Mt Pleasant SC

Limited Liability Company SC (LLC SC)
Contract Analysis Charlotte NC
Contract Analysis Mt Pleasant SC
Prenuptial Charlotte NC (Prenup Charlotte NC)

Real Estate Charlotte NC & Real Estate Mt Pleasant SC

Foreclosure Charlotte NC
Foreclosure Mt Pleasant SC
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Our Blog:
https://mcgrathspielberger.blogspot.com
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S-Corp Tax Election for LLC

12/29/2020

 
S-Corp Tax Election: Is it Right for Your Limited Liability Company?

As an attorney who happens to have an MBA and some specific tax law knowledge, and one who advises businesses on both day to day issues and tax matters, I know that if you’ve chosen (or will choose) an LLC as your business structure, it’s likely due to some combination of the liability protection an LLC offers, the operations and internal organization flexibility it allows, and the tax advantages which can accompany it. One of those tax advantages of an LLC can be the election to be taxed as an “S-corp.”
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​Keep in mind that, as we’ve previously discussed, one...

Find the full article at ​https://mcgrathspielberger.blogspot.com/2020/12/s-corp-tax-election-for-llc.html

How To Dissolve a Corporation in North Carolina?

8/20/2020

 
​As an attorney who routinely handles business law related questions this situation is not unusual. Most businesses have a life cycle and it's good to know how to legally dissolve a corporation which has decided to end its operations.
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​North Carolina has...

Find the full article at ​https://mcgrathspielberger.blogspot.com/2020/08/how-to-dissolve-corporation-in-north.html

Congrats, You’ve Inherited a Mess

7/28/2020

 
You’ve just inherited the family home, where you’ve not lived for many years, after the unfortunate but inevitable passing of your last living parent. You know there is a mortgage loan for the property. You have many questions, which may generally be summarized “What are my options, how does this work, and what happens now?” The primary focus of this article is to explore the legal and practical factors which play key roles when heirs attempt to deal with the mortgage loan and the mortgage loan servicer.
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A Commonplace Scenario
Dad passed years ago, and Mom inherited his...

Find the full article at ​https://mcgrathspielberger.blogspot.com/2020/07/congrats-youve-inherited-mess.html

Reverse Mortgages and the Foreclosure Process in North Carolina

6/30/2020

 
Reverse mortgages have grown in popularity in recent years and some retirees are using them as part of a retirement plan. This post explains some of the unique issues that arise when lenders try to proceed with a reverse mortgage foreclosure in North Carolina.
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In a traditional residential foreclosure, the lender typically proceeds based upon a...

Find the full article at ​https://mcgrathspielberger.blogspot.com/2020/06/reverse-mortgages-and-foreclosure.html

​Arbitration versus Mediation

5/20/2020

 
Although arbitration and mediation can both resolve lawsuits, they are quite different and it is important for parties to lawsuits to understand how each procedure works. In this video, Attorney Jason McGrath – who has been a trial lawyer for over 19 years and has been involved in mediations and arbitrations – explains the difference between the two.

Follow this link to watch the video on YouTube, https://youtu.be/psEknpr5jXM
We hope you have...

Find the full article at https://mcgrathspielberger.blogspot.com/2020/05/arbitration-versus-mediation.html

Commercial Leases in South Carolina Amid the Covid-19 Coronavirus Pandemic

4/30/2020

 
At McGrath and Spielberger, PLLC, we represent many local and regional clients who own and operate many different types of businesses, including restaurants, gyms, retail stores, and other commercial businesses, throughout North Carolina, South Carolina, Florida, Georgia, Ohio and Tennessee. We are obviously hearing a lot from our clients right now regarding their issues and concerns in relation to the Covid-19 coronavirus pandemic. Overwhelmingly, most client inquiries relate to commercial leases in which our clients are tenants. Their main questions typically revolve around their requirement to pay rent and whether they can be held in default and/or evicted during the pandemic.

This article will focus on the answers to these question in...

Find the full article at https://mcgrathspielberger.blogspot.com/2020/04/commercial-leases-south-carolina-coronavirus.html

Decision On An Arbitration Provision In A Contract

1/23/2020

 
Attorney Jason McGrath some items to consider when deciding to include an arbitration provision in a contract matter in this short video.

Watch here > https://youtu.be/rOPNhRSSLVE

Here are some of the key points contained in the video:

    Arbitration: do you prefer arbitration or...

Find the full article at https://mcgrathspielberger.blogspot.com/2020/01/decision-on-arbitration-provision-in.html

Where Does an Arbitration Physically Take Place?

5/30/2019

 
Attorney Jason McGrath shares some information about where you can expect an arbitration proceeding to physically take place in this short video and summarized in this blog post.

Understand the practical logistics of an...

Find the full article at https://mcgrathspielberger.blogspot.com/2019/05/where-does-arbitration-physically-take.html

How To Dissolve a Corporation in North Carolina?

4/30/2019

 
As an attorney who routinely handles business law related questions this situation is not unusual. Most businesses have a life cycle and it's good to know how to legally dissolve a corporation which has decided to end its operations.

North Carolina has laws specific to this question. In its most basic form, the corporation needs to vote to dissolve and then file the proper documents with the...

Find the full article at https://mcgrathspielberger.blogspot.com/2019/04/how-to-dissolve-corporation-in-north.html

North Carolina Mortgage Foreclosure Process - Lost Loan Notes

1/24/2019

 
In this video, focusing on the North Carolina foreclosure process, attorney Jason McGrath discusses how a lost loan note can affect a foreclosure proceeding.

It is important to note that foreclosures can vary greatly depending on the smallest detail. An experienced real estate contract lawyer in Charlotte NC should be able to access your...

Find the full article at https://mcgrathspielberger.blogspot.com/2019/01/north-carolina-mortgage-foreclosure.html

Choosing a Business Lawyer for NC Corporations and Other Small Business

12/27/2018

 
In this video, business attorney Jason McGrath of McGrath & Spielberger PLLC discusses key points that should be considered when hiring a business lawyer for NC Corporations and other small business.

Business Law Attorney Jason A. McGrath provides the following...

Find the full article at https://mcgrathspielberger.blogspot.com/2018/12/choosing-business-lawyer-for-nc.html

Recently engaged? 5 reasons why you should consider a prenup

11/21/2018

 
As most of my friends are getting married or are recently married (myself included), I frequently get asked why anyone would want a prenuptial agreement. Prenups can get a bad reputation because many people assume signing a prenup means you are preparing for divorce in the future. However, this is NOT necessarily the case! There are many reasons (other than divorce) that future spouses may want to sign a prenup before getting married.

Here are my top 5 reasons for signing a...

Find the full article at https://mcgrathspielberger.blogspot.com/2018/11/recently-engaged-5-reasons-why-you.html

Congrats, You’ve Inherited a Mess

10/16/2018

 
By Jason McGrath

You’ve just inherited the family home, where you’ve not lived for many years, after the unfortunate but inevitable passing of your last living parent. You know there is a mortgage loan for the property. You have many questions, which may generally be summarized “What are my options, how does this work, and what happens now?” The primary focus of this article is to explore the legal and practical factors which play key roles when heirs attempt to deal with the mortgage loan and the mortgage loan servicer.

A Commonplace Scenario
Dad passed years ago, and Mom inherited his...

Find the full article at https://mcgrathspielberger.blogspot.com/2018/10/congrats-youve-inherited-mess.html

Legal Judgments - Can They Be Negotiated

8/30/2018

 
In this video attorney Jason McGrath discusses some options when....

Find the full article at https://mcgrathspielberger.blogspot.com/2018/08/legal-judgments-can-they-be-negotiated.html

Negotiating with a Bank: Why do I have to Provide My Financials?

6/29/2018

 
The attorneys in my Law Firm represent clients against banks and other creditors on a regular basis. Whether it’s in a civil lawsuit, a foreclosure case, a situation which has not yet reached the litigation stage, or a post-judgment matter, negotiations just about always take place. In most all of these cases, we have a conversation with our client like the one below when the time comes to discuss the settlement offer I’m going to make on behalf of the client.

ME: In order to consider a settlement offer, the bank is requiring you to...

Find the full article at https://mcgrathspielberger.blogspot.com/2018/06/negotiating-with-bank-why-do-i-have-to.html

Being Sued by a Mortgage Insurance Company for an Insurance Policy you Paid for?

5/29/2018

 
As attorneys who provide a variety of real estate and mortgage related services, including foreclosures and post-foreclosure disputes, we know that many (most?) borrowers really don’t understand private mortgage insurance. Known as PMI, private mortgage insurance is to benefit the lender, not the borrower – even though the borrower is paying for it.

What makes it worse from the borrower’s perspective is that, in addition to being foreclosed on, a borrower can end up being sued by the mortgage insurance company in relation to the very same policy the borrower paid for. The highly technical terms we use to describe this include:
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We’ve advised and defended borrowers in these cases. The most common fact scenario is this one:
  • a foreclosure takes place (or sometimes even a short sale or a deed-in-lieu of foreclosure);
  • the loan is not paid off in full;
  • the creditor (lender / loan note holder) makes a claim...

Find the full article at https://mcgrathspielberger.blogspot.com/2018/05/being-sued-by-mortgage-insurance.html

Comparison of Subchapter K v. Subchapter S

4/20/2018

 
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Both Subchapter K and S of the Internal Revenue Code (IRC) are pass-through tax structures in which the members of the entity are taxed for the entity's income, gains, losses, and expenses on their individual tax returns. That is where the similarities end. There are several differences discussed below that make Subchapter K seem more taxpayer friendly than Subchapter S. Much of the popularity of the LLC is attributable to the fact that LLCs offer limited liability to all investors combined with the more flexible partnership tax regime. In some situations, however, the goals of the business owners may be better achieved with an S corporation.

Subchapter S places very strict restrictions on...


Find the full article at https://mcgrathspielberger.blogspot.com/2018/04/comparison-of-subchapter-k-v-subchapter.html

​S-CORP TAX ELECTION FOR LLC

1/17/2018

 
S-CORP TAX ELECTION: IS IT RIGHT FOR YOUR LLC?
​

As an attorney who happens to have an MBA and some specific tax law knowledge, and one who advises businesses on both day to day issues and tax matters, I know that if you’ve chosen (or will choose) an LLC as your business structure, it’s likely due to some combination of the liability protection an LLC offers, the operations and internal organization flexibility it allows, and the tax advantages which can accompany it. One of those tax advantages of an LLC can be the election to be taxed as an “S-corp.”

Keep in mind that, as we’ve previously discussed, one does not really “form an S-corp.” – this a tax classification, not a type of business organization. Once a corporation is formed, the...

Find the full article at https://mcgrathspielberger.blogspot.com/2018/01/s-corp-tax-election-for-llc.html

Arbitration Provisions: Law & Venue Video

11/22/2017

 
Arbitration is sometimes referred to as ADR, which stands for alternative dispute resolution. Simply put, it is a legal procedure in which an unbiased third-party attempts to settle a dispute outside of court. In this two minute video, Attorney Jason A. McGrath of the McGrath & Spielberger law firm discusses the logistics of...

Find the full article at https://mcgrathspielberger.blogspot.com/2017/11/arbitration-provisions-law-venue-video.html

Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 2)

10/11/2017

 
As a business law attorney who handles business contract issues on the front end (business contract drafting, analyzing, etc.) and the back end (business law disputes), I’m always mindful how a legal agreement addresses the possibility of the “prevailing party” recovering attorneys’ fees and other legal type costs. This Part 2 addresses some of the factors and strategies which should be considered in deciding which option may be best for your situation. Part 1 addressed four (4) different ways to approach the costs and fees issue in a business to business contract.

1.    The “prevailing party” in the business to business contract dispute can recover legal costs and fees, including attorneys’ fees. Why might – or might not – you want this in your company’s contracts?

One perspective is that...

Find the full article at https://mcgrathspielberger.blogspot.com/2017/10/business-contracts-what-should-yours.html

Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 1)

9/29/2017

 
As a business law attorney who handles business contract issues on the front end (business contract drafting, analyzing, etc.) and the back end (business law disputes), I’m always mindful how a legal agreement addresses the possibility of the “prevailing party” recovering attorneys’ fees and other legal type costs. Below I list four (4) different options; the second part of this article will address some of the factors and strategies which should be considered in deciding which option may be best for your situation.

1.    The “prevailing party” in the business to business contract dispute can recover legal costs and fees, including attorneys’ fees. This concept is pretty straightforward. However, when put into actual practice, identifying the “prevailing party” can be complicated. Further, the costs and fees at...

Find the full article at https://mcgrathspielberger.blogspot.com/2017/09/business-contracts-what-should-yours.html

CONSUMER REPORTS: BEWARE OF SELF-HELP LEGAL WEBSITES FOR WILLS AND OTHER LEGAL DOCUMENTS

8/21/2017

 
Consumer Reports: Beware of Self-Help Legal Websites for Wills and Other Legal Documents originally published Friday, September 28, 2012, Updated.
The September 2012 issue of Consumer Reports reported that documents generated by certain self-help legal websites could lead to unintended consequences. Unfortunately, this still seems to be the case five years later in 2017.

Consumer Reports used the self-help legal websites to create a last will and testament, a residential lease, a promissory note and a bill of sale. These legal documents were then examined by three law professors in a blind test. The professors found, amongst other issues, that...

Find the full article at https://mcgrathspielberger.blogspot.com/2017/08/consumer-reports-beware-of-self-help.html

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