PRACTICE FOCUS
Zipporah (“Zip”) Edwards is a commercial litigator with over 25 years of experience. Zip has been consistently nominated by peers in the legal community to the North Carolina Super Lawyers and Best Lawyers in America lists. Zip focuses primarily on the resolution of disputes involving real property, including concentrations in the following areas: coverage opinions and representation of title insurance companies; defense counsel for insureds; defalcation and fraud recovery; mechanics lien defense; resolution of access, easement and boundary issues; subrogation litigation; and title curative measures.
Zip addresses these issues in all forums: state trial courts, all North Carolina federal district courts and state and federal appellate courts. In addition, Zip regularly represents clients in bankruptcy adversary proceedings arising out of real estate and lien priority disputes. She also provides malpractice defense for attorneys, focusing on claims and litigation arising out of real estate transactions.
Zip uses her experience in real estate law, creditors’ rights, foreclosures, litigation, construction law and bankruptcy to provide her clients with effective and efficient representation and to craft comprehensive and practical solutions to real estate problems.
Zip is a regular lecturer and seminar leader on real property related topics and issues ranging from mortgage fraud to case law updates for organizations such as the North Carolina Land Title Association, Mecklenburg County Bar and the North Carolina Bar Association.
REPRESENTATIVE MATTERS
- Successfully represented amicus party, North Carolina Land Title Association, in a case of first impression interpreting the North Carolina Real Property Marketable Title Act and its impact on eliminating restrictive covenants. - C Investments 2, LLC v. Auger et al,383 N.C. 1, 881 S.E.2d 270 (2022)
- Obtained affirmation of summary judgment orders in favor of defendant owners and lenders in related lawsuits in which plaintiffs challenged the validity of mortgage payoffs and satisfactions of same and sought to require defendants to essentially pay off their prior mortgages twice. - American Southwest Mortgage Corp et al v. O’Meara, 2021-NCCOA-705, 865 S.E.2d 907 (2021) and American Southwest Mortgage Corp et al v. Arnold et al 2021-NCCOA-704865 S.E.2d 905 (2021)
- Representation of Fannie Mae in a multi-million-dollar lien priority dispute, resulting in the North Carolina Supreme Court’s reversal of an unfavorable N.C. Court of Appeals decision and a ruling in favor of Fannie Mae. - Falk v. Fannie Mae (a/k/a Federal National Mortgage Association, 367 N.C. 594766 S.E.2d 271 (2014)
- Successfully defended attorney and law firm in legal malpractice action, arising out of a multimillion-dollar real estate transaction, through trial and appeal (and affirmation) of verdict in clients’ favor. - Piraino Bros., LLC v. Atl. Fin. Group, Inc., 211 N.C. App. 343; 712 S.E.2d 328 (2011)
- United States District Court for the Eastern District of North Carolina affirmed summary judgment dismissing Chapter 11 Debtors’ adversary proceeding in which they unsuccessfully challenged the validity of Bank of America’s deed of trust on the grounds that issues with the notary acknowledgment existed. - Mullaney v. Bank of America et al., 611 B.R. 770 (NCED 2019)
- S. District Court for the Western District of North Carolina granted summary judgment in favor of title insurer premised on the application of exclusion 3(a) of the applicable title insurance policy. - LJW Land, LLC v. Old Republic National Title Insurance Company, 2016 WL 4370052