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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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North Carolina Charitable Solicitation License: Does Your Non-Profit Need One?

9/28/2021

 
Over the past several weeks, I’ve spoken with several different non-profit creators that were surprised to hear that their organizations would need a charitable solicitation license in connection with their fundraising efforts. 
​
If an organization or individual asks the...

Loan Agreements: Include Attorney Fees & Costs

6/28/2021

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


  • DON’T EVER lend someone money without a written agreement


  • DON’T EVER create a loan without including an Attorney Fees, Court Costs and Collection Costs provision.


  • In most...

Arbitration Clauses and Costs + Fees

5/27/2021

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

1. Should attorney fee and legal costs provisions be included in an arbitration clause? 
    Examples of options:
A. Arbitration is required, but...

Private Mortgage Insurance (PMI) – What is the Borrower Really Paying for?

4/28/2021

 
​As contract attorneys who provide a variety of real estate and mortgage related legal services, including real estate closings and handling real estate 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.

We’ve advised borrowers about this in...

Indemnification in Contracts: What if Both Parties Are at Fault?

3/30/2021

 
In my over 20 years as an attorney, I have consistently found that indemnification clauses in contracts are among the most negotiated and sensitive contractual issues. I have also found that the law as it applies to indemnification is often misunderstood. On our website, we have discussed whether an indemnification agreement requires the party being looked to for indemnification to actually be “guilty” of some omission or wrongdoing. This article focuses on what happens if both parties are at fault – what if both parties have contributed to the situation which now potentially triggers a duty of indemnification?

Let’s start out with a simple example of...

North Carolina Premises Liability Law: What Are Your Responsibilities as a Landowner?

2/25/2021

 
When someone visits your property – whether as a social guest or a repairman - there is always a chance that an injury could result. As a landowner, you may not know the extent of your potential liability when someone becomes injured on your property. ​
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Some states, such as Florida, apply different standards of care on the part of the landowner depending on the classification of the injury person (invitee, licensee, or trespasser). Up until 1998, North Carolina courts did so as well. Now, North Carolina applies the same standard of care of landowners to all lawful visitors – landowners must exercise reasonable care in not exposing lawful visitors to dangerous conditions and must warn of any hidden dangers on the property. “Reasonable care” may mean cleaning up a spill on the floor or just maintaining the property in general. 

In order to recover damages from a landowner, the...

Comparison of Subchapter K v. Subchapter S

1/27/2021

 
​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...
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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...

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...

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...

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...

​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...

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...

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...

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...

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...

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...

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...

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...

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...

Legal Judgments - Can They Be Negotiated

8/30/2018

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

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...

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...

Comparison of Subchapter K v. Subchapter S

4/20/2018

 
Picture
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...


​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...

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