Miller received her Juris Doctorate from The Catholic University of America, Columbus School of Law in Washington, D.C. in 2003 where she served as Secretary and Executive Board Member of the Student Bar Association and was also an active Member of Delta Theta Phi Fraternity.  She has been a Member of the Bar of the State of South Carolina since 2003 and has held an Inactive Membership with the Bar of Washington, D.C. since 2004.   After receiving her law degree, Miller worked for the City of Myrtle Beach, where she was the Zoning Administrator.  Here she interpreted zoning ordinances, floodplain regulations and city codes while working as the staff liaison to the Community Appearance Board and Planning Commission.  She then worked for the Horry County Solicitor’s Office as an attorney, where she prosecuted misdemeanor criminal cases, conducted case analysis and legal research, and advised on criminal proceedings and procedures.  After leaving the Solicitor’s Office in 2010, Miller went on to work at Keller-Williams Realty.  Following her position at Keller-Williams, she went on to work for Jerry Pinkas Real Estate Experts as a Broker Associate and Buyer Specialist where she handled 19 closings in the year 2012.

“Now that Ms. Miller has decided to return to the practice of law, we are excited to have her on our team,” announced Jim Murray, founder of Murray Law. “What excites me the most, is much like myself, Ms. Miller understands the anatomy of a real estate transaction from the perspective of the real estate agent, and as such, as potential problems arise she knows how to find win-win solutions to not only keep the transaction together but ensure it goes to closing smoothly with everyone feeling good about the outcome.”  Murray was himself, a real estate practitioner for over 25 years, earning the distinct designations of Certified Residential Specialist (CRS), Certified Residential Broker (CRB), and Graduate REALTOR® Institute (GRI).   After having culminated over 30 years of experience as a residential real estate salesman, manager, marketing executive and consultant; he received his Juris Doctorate and founded the firm in 2001. Murray Law Offices has since grown to include 7 attorneys at 5 offices along the Grand Strand.

A: This is the most common question asked of DUI attorneys but the answer is not so black and white. First off, no one should ever be behind the wheel when they are impaired. However, sometimes these things just happen. So what should you do if this happens to you? This will depend on the person and their specific situation.

Everyone’s body will  react differently to alcohol so you can’t really predict how high your blood alcohol level  will be at a given time, unless of course you haven’t had anything to drink at all.  It is  usually safe to assume that if you have been drinking, you have a substantial risk of  blowing over the legal limit (0.08 BAC).
 
If you choose to take the breathalyzer test and blow over a 0.08, you will be charged with  DUI or Driving with an Unlawful Alcohol Concentration (DUAC).  This test will be used  against you as rather strong evidence of your intoxication. 
 
Should you choose not to blow, which is your legal right, you face the potential of a six month suspension of your license and your refusal may be used against you in court.  However, there are ways in which you can likely have this suspension overturned quickly.  You may also be eligible for a route-restricted license which will allow you to drive to and from work or Court ordered classes. 

The bottom line, if you have been drinking at all, while there are risk and benefits to both choices, exercising your right NOT to blow is probably the more prudent choice.  While this choice subjects you to the potential of suspension of your license, without the concrete evidence of a negative breath analysis the prosecution’s ability to convict is made more difficult.  You also avoid the risk of scoring above a 1.4 blood/alcohol reading which carries with it a mandatory, more difficult to reverse, immediate suspension of license.

After I graduated from high school, I moved to Thorn Hill, Tennessee, the polar opposite of Long Island, New York, and attended the University of Tennessee (UT) in Knoxville. Tennessee was a beautiful and quiet place.  Unlike the gridlock of New York, rush hour traffic in Tennessee meant you had to check your review mirrors before you changed lanes.  What it lacked in museums and Broadway shows it made up for in picturesque scenery and wildlife.  I also picked up my handsome husband and quickly became a pariah to the local single girl community.  Those poor girls were horrified when this Yankee snagged the best single guy on the market in the huge metropolis of Thorn Hill, Tennessee, with its one stop sign and single room post office (although, I have to admit he was quite the catch even though the pickings were not ideal-a diamond in the rough, as they say).   

After I received my degree in Environmental Science from UT, I got a job working for the State of North Carolina, Division of Water Quality in Raleigh, NC.  So I was on the move again, this time with an undergraduate degree, a husband, two dogs, two cats and a new job. I worked in the regulatory and enforcement section for three years and quickly realized I wanted to go back to school for a law degree.  I worked very closely with the NC Attorney General’s Office and found that I wanted to continue the work that I was passing on to the attorneys after my work was done. 

I applied to law schools that had a specialization in environmental law, thinking that I would return to NC to work in the environmental regulatory field once I graduated. So I was accepted and thrilled to attend Northwestern School of Law at Lewis and Clark College, in Portland, Oregon. It was consistently ranked as one of the best if not the best environmental law school program in the country.  I loved my time in the Pacific Northwest and hated to leave such a beautiful place.  However, my husband decided that he wanted to go back to school.  When I told him I wanted to go back to school three years earlier, he willingly left a great job, great friends, sold our house and moved all the way across the country for my dreams. He then worked an awful job he hated for three years to keep me housed and fed while I attended law school.  Given that I would have been deemed the most horrible person in the world if I said no, we were on the move again.

He applied and was admitted to the Golf Academy of the Carolinas in beautiful Myrtle Beach, SC.  So it was back across the country again with all our stuff and the pets in tow where I got a job as an associate attorney in a small boutique firm that concentrated in construction defect litigation.   Litigators have the shortest life span of any practice area and I know why.  Although I enjoyed litigation, I realized it was a position that thrived on stress and I was a planner.  That firm taught me lessons about how to treat people, how to be true advocate for a client and how to find ways to laugh at my sometimes miserable circumstances.  I am grateful for their lessons and insight and carry them with me still. I joined Murray Law Offices in 2003 and started handling transactional legal work that suited me perfectly.  Although sometimes fast paced, my clients are usually happy.  They are happy to be selling real estate, happy buying real estate or happy or excited about new a new business venture. It is not all fun and games, but it is satisfying work to help clients negotiate these exciting moments and put their minds at ease. 

As to my time outside my law practice, I am still an environmentalist, but most days you can find me working to support the Humane Society of North Myrtle Beach (HSNMB).   I have always been an advocate for homeless pets and I am proud to serve on the Board of Directors as Vice President of HSNMB.  As a crazy animal person, I have too many pets.  I have five dogs, that all live inside, and one cat.  My handsome husband is allergic to cats, which we discovered after we adopted him (the cat, not the husband).  However, Thomas the cat is going on twenty years old and we hope he lives twenty more.  My husband is happy to suffer a little for the love of a good cat. My husband actually picked him out at a shelter in Tennessee and we could never part with him voluntarily. Thomas has lived in Tennessee, North Carolina, Oregon and South Carolina and we plan to call South Carolina home for many years to come. Thomas is grateful to finally be settling down. 

I have been here for over ten years now.  After living in the heart of Myrtle Beach for 9 years, we recently built a house in Little River on five acres.  Since I have so many beloved pets, I thought it would be a blessing to my animals and my poor neighbors to live on my own dog park.  We jokingly call it Le Château pour les Chiens, which is french for The Castle for the Dogs.  I also love to read and ride on the back of my husband’s motorcycle when it is not too hot or too cold.  And yes, he knew I was like that when he married me…

Katharine with Chuck & Lily at the new home.

Kindergarten bus stop - it's obvious which is Katharine.

Handsome Husband, Larry

Be smart, sign up and take our Free 4 hour class, “Reducing Risk without Sacrificing Service” on Thursday, January 26th from 8:30 to 12:30 at the CCAR facilities on Shine Ave.  While this course does not count towards your ethics credit, it is an elective and can be used, even if you’ve attended it in the past, so long as your attendance was before July 1, 2010.   CLICK HERE to register now – alternative class dates are also available.

Contrary to what the national media will lead to believe, let me assure you that the mortgage business is OPEN!  If your hesitation to buy real estate comes from negative press about the mortgage industry, look beyond that.  Banks are lending…and anxious to help you!

The majority of our country’s housing problems are due to unscrupulous lenders offering loans to people that simply couldn’t afford them. Those mortgage companies, for the most part, are out of business now and their employees have moved onto other industries. My bank, Real Estate Mortgage Network, has been in business more than 20 years and has weathered the housing crisis due to our commitment to quality loans and incredible customer service.

Why is now a great time to buy? To begin, homes in Myrtle Beach have become extremely affordable. Because of our wonderful beach, there’s a plethora of vacation condos on the market. Further inland, there are terrific opportunities to be had as well. Many properties are selling far below their value of just a few years ago and they need to be moved quickly. This gives the buyer a great deal of leverage in the negotiation process.

In addition, mortgage rates are at historically low levels for the home buyer. Forecasting mortgage rates is a bit like forecasting the weather, and predicting when they may rise is nearly impossible…but they will rise eventually. Buying low is always a great move!

Another reason to consider buying now is the flexibility of the mortgage products currently available. Real Estate Mortgage Network is a large-scale, independent lender and not tied to any other bank.  We’re able to offer a true variety of flexible mortgage options customized to your personal needs.

Recently, we introduced our own FHA 203(k) Concierge Service. In essence, a 203(k) mortgage bundles together a home improvement loan and mortgage into one package. You buy the home and fix the home…with one loan! 

Most lenders do not offer 203(k) loans because their complexity often leads to unexpected problems with payments to contractors and other issues. Our 203(k) Concierge Service Mangers work with all the parties involved to ensure everything goes smoothly and according to plan. While 203(k) loans can’t be used for luxury items such as swimming pools, they can be applied to other renovations, such as room additions, painting, kitchen remodels and energy conservation upgrades. If the property you’re considering buying is ‘almost perfect’, a 203(k) loan could be the right solution.

Our economy is on the track to recovery and with it, housing costs will almost certainly begin to rise. If you’ve been considering purchasing a new home or an investment property, now may be the perfect time for you to act. With historically low interest rates, the variety of the mortgage products available and truly affordable properties on the market, everything is in the buyer’s favor to make a great investment.

We’re open for business and ready to help you in your search for the right property!

Have questions? Feel free to call me at (843) 446-4663 or send an email to rdunn@remn.com.

About Roy:
Roy Dunn is a Virginia native and resident of Myrtle Beach for more than 10 years. A graduate of The College of William and Mary, Roy has more than 25 years of experience in financial markets. Roy and his REMN team of industry professionals are committed to delivering the highest level of service, while offering the best programs and rates available. Active in the community, Roy is a youth football coach and an Elder in the First Presbyterian Church of Myrtle Beach.

More information on Real Estate Mortgage Network, Inc., can be found online at www.FinancingTheBeach.com.

Generally speaking, a short sale is a sale in which the lender agrees to accept less than the full payoff balance due on the mortgage. In order for a short sale to be completed, the lender must agree to release its lien against the property.  However, the lender may or may not release the seller from being personally liable for the remaining debt. The difference between the loan balance due the lender and what the lender actually receives from the sale is known as the deficiency. A lender can obtain a judgment against the seller for the deficiency amount, have the seller sign a note agreeing to pay the deficiency, or waive the deficiency entirely and not require any additional monies to be paid by the seller.

You may be wondering why a lender would agree to a short sale when it could just foreclose. Lenders benefit from a short sale because the fees and costs the lender will have to pay are less than with foreclosure. At the foreclosure sales, many lenders have to take the properties back. As the new owner, the lender has to hold the property, maintain and care for it, and possibly pay taxes and HOA dues after the foreclosure sale until a new purchaser can be found. In a short sale, the lender has to do none of those things.

A short sale is often more advantageous than a foreclosure for the seller because a short sale is generally less harmful to a seller’s credit score than a foreclosure and the seller has the opportunity to negotiate with the lender to minimize or waive any deficiency. However, if a lender chooses to waive the deficiency amount, in part or in whole, the lender is required by law to report the deficiency amount to the IRS under a 1099 filing against the seller.  Therefore, there may be significant tax consequences associated with a short sale and anyone considering a short sale on their property should consult not only their real estate attorney, but their certified public accountant as well to make sure they are making the right decision. 

Please give us a call if you would like more information on the process, consequences and benefits of short selling real property.

Most nations have arrangements or treaties with the United States that allow a fixed number of their citizens to immigrate to America as Permanent Residents each year.  This is not a very practical method for most people because of the competitive nature of the lottery system and the limits on the annual quota.   Depending on the country, typically there are significantly more applications for Permanent Residency than there are the number of Green Cards granted.  In some countries, there is a several year wait list just to apply for the lottery.

The remaining two methods involve sponsorship.  A U.S. business may sponsor a foreign worker for a Green Card.  This is done through an employment-based I-140 sponsorship.  There are several criteria the business must meet before they are allowed to sponsor a fo  reigner for employment, and the potential foreign employee must also meet very stringent qualifications in order to be eligible for sponsorship.  In a simplified nutshell, a foreign worker is not eligible for sponsorship if the job for which they are being considered can be readily done by a similarly qualified or educated U.S. citizen.  The federal government doesn’t want U.S. citizens to lose out on a job to a foreigner if all things are equal between them, especially in this tough economy.  But if a business has a specific position that cannot be readily fulfilled by an American, but there is a foreigner who has the unique qualification to meet the needs of that specific position, then they could be eligible for sponsorship without taking a job away from a U.S. citizen.

 The final method for obtaining a Green Card is the most common method, and that is the family-based I-130 sponsorship.  If a foreigner has a relative who is either a U.S. citizen or permanent resident, then he or she is eligible to be sponsored by their family member.  Processing times are much faster for a sponsor who is a citizen as opposed to a sponsor who is only a permanent resident.  Processing times are affected by how close the family relationship is as well.  Parent to child under 21 years of age, adult child to parent, and husband/wife relationships are considered the closest family relationships and are processed the fastest.

Prices continue to be very attractive and trends seem to be heating up in building, investing and refinancing. Nationwide, although existing home sales were down in September, they remain well above the overall numbers from a year ago.  Areas of new construction are seeing some surges.  Recently one local agent has contracted for seven homes to be built.  J.D. McNair of Team McNair at Weichert Realtors points out that “You can build a brand new home the way you want it with your flooring, cabinets, paint colors etc.”  McNair has found and commented that building a new home with your own options can be a lot easier sometimes than “spinning the roulette wheel” on short sale.

Now is clearly a great time for purchasing additional properties.  This is not going unnoticed as investor buying reached 22 percent of all sales at the end of the summer nationwide.  As you can imagine that figure is even more pronounced along the Grand Strand.

“The Myrtle Beach area remains a top tourism destination and with the price of ocean front condos today, the time has returned when an investor can purchase a condo with 25% down and the rental income will create a positive cash flow.”  Says Todd A. Jemison, VP of Acquisitions for Carolina Holdings Group.  This had not been the case in recent years.  “A person today can buy an ocean front condo and within 8 to 10 years have it completely paid off using net rental income” Jemison said.

Although refinancing keeps getting seemingly more involved, it ultimately keeps evolving in favor of the consumer.  The Federal Housing Financing Agency announced significant modifications to the Home Affordable Refinance Program, (HARP) aimed at making it easier for borrowers with negative equity in their homes. Adam Paskanik, Mortgage Specialist with CresCom Bank, is excited about these changes and points to some that could have a direct and immediate impact on borrowers.  “With the change there would be an elimination of certain risk-based fees for some and for some borrowers who refinance into shorter-term loans; and there is a removal of the current 125 percent loan-to-value (LTV) ceiling for certain fixed-rate mortgages.”  He sees opportunities for these changes to reach additional borrowers.  “The program could make borrowers in condominiums eligible to use HARP and expand other eligibility guidelines as well”

On a quick note I read where straight cash transactions for purchases across the country is making up one third (1/3) of the total market.  It is awesome to see that type of investment and transactional activity.  While in cash transactions there is no lender requirement for title insurance I am taking this opportunity to remind buyers of the importance of title insurance and our recommendation for that product.  Our more thorough discussion and information on title insurance is readily available as a tab on our firm website.

Common Myths:

1. Myth – A reverse mortgage sells my home to the bank…..

Fact – The homeowner keeps the title to their home in their name.  What the bank does is add a lien onto the title so that the bank can guarantee that it will eventually receive payment for the funds that were borrowed.

2. Myth – The homeowner can be forced out of the home…..

Fact – The reverse mortgage was designed to allow seniors to live in their home for the rest of their lives.  Since there is not a monthly payment required, the homeowner can never be evicted or foreclosed on for non-payment.  However, the homeowner is responsible to maintain the home in good condition and keep the property taxes and insurance paid.

3. Myth – Someone can outlive a reverse mortgage…..

Fact – The reverse mortgage becomes due and payable when all homeowners have moved out of the property for 12 consecutive months or passed away.

4. Myth – My Heirs will not inherit the property…..

Fact – The estate inherits the property as usual, but there will be a lien on the title.  The lien will be for the reverse mortgage proceeds plus accrued interest.  A reverse mortgage is a “non-recourse” loan which means that the borrower (or his estate) can never owe more than the value of the property.

Purchase a Home with a Reverse Mortgage

The advantage of using a reverse mortgage to purchase a home – it can increase the amount you can purchase with NO MONTHLY PAYMENT.  For example, a consumer has $150,000 in cash to purchase a home.  Using a reverse mortgage, based on their age, current interest rates and lending limits, they may consider looking in the $250,000 – $300,000 price range for their new home.  This offers the consumer the option of keeping a portion of their savings or increasing their price range. 

Reverse Mortgage Advantages

v  Allows the homeowner to stay in their home for the rest of their lives.

v  Simple to qualify – no income or minimum credit score requirements.

v  A reverse mortgage is a “non-recourse” loan – never be “upside down”.

v  Loan proceeds are not taxable.

v  Best of all……NO MONTHLY PAYMENT.

Provided by:
David Neff
Vice President / Mortgage Loan Officer
BNC Bank Mortgage Division
3751 Robert Grissom Pkwy, Myrtle Beach, SC  29577
Office:  843-839-4937 / Cell:  843-424-1072
Email:  dneff@bankofnc.com
NMLS # 659249