Register of Deeds Public Notices

Deed Documents / Deed History / General Information
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During the 2011 General Assembly there were some changes to our current laws which affect recording fees and cancellations.

G.S. 161-10 – Uniform fees (House Bill 384, Session Law 2011-296)
Effective October 1, 2011: All instruments in general, except deeds of trust, shall be $26.00 for the first 15 pages plus $4.00 for each additional page thereafter.

Deeds of trust shall be $56.00 for the first 15 pages plus $4.00 for each additional page thereafter.

There is no longer a “probate” fee on any documents, so recording fees will be the same for the first page whether a document has a notary acknowledgement of not, so you will not need to add the $2.00 fee.

When a subsequent instrument, as defined in G.S. 161-14.1(a)(3), is presented for registration with reference to more than one original instrument for which recording data are required to be indexed pursuant to G.S. 161-14.1(b), the fee shall be an additional $25.00 for each additional references. This means if you record an assignment with references to more than one borrower and deed of trust then there is an additional $25.00 fee for each reference listed.

This bill also makes changes to the margin and font requirements in G.S. 161-14(b) on documents other than plats. Side margins must be at least one-quarter inch and a font size no smaller than nine points is considered legible.

G.S. 45-47 – Satisfaction of a Security Instrument (House Bill 312, Session Law 2011-246)
Effective October 1, 2011, cancellations by presentation of the original note and deed of trust will no longer be accepted. Only satisfaction documents pursuant to G.S. 45-37(a)(7) will be accepted. These are documents you are already using – Certificates of Satisfactions, Satisfaction of a Security Instrument, Satisfaction by Trustee, etc.

G.S. 47-17.1 – Draftsman of Deeds and Deeds of Trust (Senate Bill 519, Session Law 2011-351)
Effective immediately all deed and deeds of trust executed after January 1, 1980, must bear the name of the person or law firm who drafted the instrument on the first page. This now includes deeds and deeds of trust prepared out of state.

IDENTITY THEFT PROTECTION ACT

Per G.S. 132-1.8(g)
Effective DECEMBER 1, 2005
Viewable at: www.ncga.state.nc.us/Sessions/2005/Bills/Sentat/HTML/S1048v6.html

Any person preparing or filing a document for recordation or filing in the official records may not include a social security, employer taxpayer identification, drivers license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code or passwords in the document, unless expressly required by law or court order, adopted by the State Registrar on records of vital events, or redacted so that no more than the last four digits of the identification number is included.

Any person has a right to request a Register of Deeds to remove, from an image or copy of an official recorded placed on a register of deeds’ Internet Web site available to the general public or on an Internet Web site available to the general public used by the register of deeds to display public records, any social security, employer taxpayer identification, drivers license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code or passwords contained in an official record. The request must be made in writing and delivered by mail, facsimile, or electronic transmission, or delivered in person, to the Register of Deeds. The request must specify the personal information to be redacted, information that identifies the document that contains the personal information and unique information that identifies the location within the document and contains the social security , employer taxpayer identification, drivers license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code or passwords to be redacted. No fee will be charged for the redaction pursuant to such a request. Any person who requests a redaction without proper authority to do so shall be guilty of an infraction, punishable by a fine not to exceed five hundred dollars ($500.00) for each violation.

NOTICE OF STATUTORY CHANGES TO SATISFACTION METHODS

NC Sessions Law 2005-123 (Senate Bill 734)
Satisfactions of Mortgages & Deeds of Trust
Effective OCTOBER 1, 2005
Viewable at: www.ncga.state.nc.us/Sessions/2005/Bills/Senate/HTML/S734v5.html

Simplified satisfaction forms as outlined in statute will reduce or eliminate rejections
Copies of recorded security instrument will NO LONGER BE REQUIRED to accompany ANY satisfaction document
Old Certificate of Satisfaction & Notice of Satisfaction forms are still valid but Affidavit of Lost Note NO LONGER REQUIRED
Registers no longer require to verify reference information on satisfaction documents – submitter and searcher are responsible for including and verifying that references to security instruments and debtor names are correct
SB 734 also simplifies verification of information in notary acknowledgements by Register of Deeds

There continues to be no fee for satisfaction documents.

REGISTERS' REVIEW

NC Session Law 2005-123 (Senate Bill 734)
Registers’ Review
Effective OCTOBER 1, 2005
Viewable at: http://www.ncga.state.nc.us/Sessions/2005/Bills/Senate/HTML/S734v5.html

Registers no longer “pass” on instruments in the manner previously required. Session Law 2005-123 has eliminated the requirement that registers certify the execution by one or more signers has been “duly proved or acknowledged” and that the proof or acknowledgement is “in due form.” The revised statute limits the Register’s review to seeing if the instrument has a proof or acknowledgement if one is required, and then only checking that the proof of acknowledgement “by one or more signers appears to have been proved or acknowledged before an officer with the apparent authority to take proofs or acknowledgement, and the said proof of acknowledgement includes the officer’s signature, commission expiration date, and official seal, if required.” If these elements are present, Registers simply record the instrument; if not, the instruments are not to be accepted for recording. G.S. 47-14(a) (2005)