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Current Stats: Open Cases as of January 31, 2021
*Beginning March 2020, these case numbers also reflect all applications subject to character review.
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Disciplinary Actions
MICHAEL ANTHONY BOWMAN (CHARLOTTE) – The Commission accepted the voluntary surrender of the broker license of Mr. Bowman effective February 1, 2021. The Commission dismissed without prejudice allegations that Mr. Bowman violated provisions of the Real Estate License Law and Commission rules. Mr. Bowman neither admitted nor denied misconduct.
BOWMAN REAL ESTATE LLC (CHARLOTTE) – The Commission accepted the voluntary surrender of the broker license of Bowman Real Estate LLC effective February 1, 2021. The Commission dismissed without prejudice allegations that Bowman Real Estate LLC violated provisions of the Real Estate License Law and Commission rules. Bowman Real Estate LLC neither admitted nor denied misconduct.
EMSLEY A. LANEY, III (WILMINGTON) – Following a hearing, the Commission permanently revoked the broker license of Mr. Laney effective December 31, 2020. The Commission found that Mr. Laney failed to maintain and retain trust account records. Mr. Laney also failed to safeguard and account for trust monies resulting in trust account shortages.
LANEY REAL ESTATE CO. (WILMINGTON) – Following a hearing, the Commission permanently revoked the firm license of Laney Real Estate CO. effective December 31, 2020. The Commission found that Laney Real Estate CO failed to maintain and retain trust account records. Laney Real Estate CO also failed to safeguard and account for trust monies resulting in trust account shortages.
DAVID MOSELEY PROCTOR (KINSTON) – By Consent, the Commission permanently revoked the broker license of Mr. Proctor effective January 15, 2021. The Commission found that Mr. Proctor failed to enter into an agency agreement with a buyer-client prior to submitting an offer to the seller. Mr. Proctor also failed to enter into an agency agreement before representing a seller-client. Mr. Proctor misrepresented to his seller-clients that his buyer-client did not want to purchase a second lot from the sellers. Mr. Proctor’s misrepresentation induced his seller-clients to sell the lot to him for $1.
CARMEN WHITLEY SHAW (NORTH MYRTLE BEACH) – By Consent, the Commission reprimanded Ms. Shaw effective January 1, 2021. The Commission found that Ms. Shaw, whose license has been on inactive status since July 1, 2016, was employed as an administrative assistant at a firm. In July, 2020, Ms. Shaw’s broker-in-charge made an appointment to show a property in Carolina Shores, NC, which included in the MLS that “Sellers require everyone entering home to wear mask and gloves” due to COVID-19. Instead of the broker-in-charge, Ms. Shaw showed the property to potential buyers, who were members of her family, and, while at the subject property, did not follow the directive of the seller that that masks and gloves needed to be worn at all times.
TEAM ANDERSON REALTY (HOLLY SPRINGS) – By Consent, the Commission reprimanded Team Anderson Realty effective February 1, 2021. The Commission found that the firm falsely advertised the square footage of a home in the MLS when the affiliated listing agent included a basement area with no heat source in the living area, contrary to the professional measurer’s description.
Appearances
Sheryl Graham, Consumer Protection Officer, spoke at HomeTown Realty’s Brokers Office Meeting on February 25.
Homeowner Protection Extensions
On February 16, 2021, the White House announced the following extensions of COVID-19 protections for homeowners:
- the foreclosure moratorium for homeowners is extended through June 30, 2021
- the enrollment window for borrowers who wish to request mortgage forbearance is extended through June 30, 2021; and
- borrowers who entered forbearance on or before June 30, 2020 may have up to six months of additional mortgage payment forbearance in three-month increments.
Homeowners and renters can visit consumerfinance.gov/housing for more information on relief options.
The announcement is available at:
HUD Announcement on Fair Housing Act Enforcement
On February 11, 2021, The Department of Housing and Urban Development (HUD) announced that it will begin enforcement of the Fair Housing Act to prohibit housing discrimination based on sexual orientation and gender identity in addition to enforcement of discrimination based on previously identified protected classes including familial status, race, ethnicity, sex, handicap, color, religion, and national origin.
The memo notes that State and local jurisdictions which enforce the Federal Fair Housing Act also will be required to administer those laws to prohibit discrimination because of sexual orientation and gender identity. Additionally, regional offices and jurisdictions have been advised to review allegations of discrimination because of gender identity or sexual orientation that had been received since January 20, 2020, and notify persons who alleged such discrimination that their claims may be timely for filing.
In addition, the recent sunset of “House Bill 2” effectively means that local governments may now choose to adopt non-discrimination ordinances. Licensees should be aware of any local ordinances in their market areas that address housing discrimination.
The HUD memo is available at: https://www.hud.gov/press/press_releases_media_advisories/hud_no_21_021