Public Notices

New Fee Structure Effective October 1, 2011
Session Law 2011-296 (S 384) modifies the fees for recording instruments and simplifies their allocation to state accounts. G.S. 161-10(a)(1), (1a), (16); G.S. 161-11.3; G.S. 161-11.5 (effective October 1, 2011). The changes follow a recommendation by the North Carolina General Assembly’s Fiscal Research Division based on a study of data received from the North Carolina Association of Registers of Deeds, the North Carolina Office of State Management and Budget, and the North Carolina Department of Revenue. These changes take effect October 1, 2011, but the statute contains an automatic sunset provision by which these changes expire on July 1, 2013, unless the General Assembly hereafter extends them. There will no longer be a fee for verification (currently $2.00). The General Assembly repealed the sunset provision on the new recording fees effective July 1, 2013.

Effective October 1, 2011
Session Law 2011-246 (H 312) ends use of satisfaction by presentation effective October 1, 2011. The methods no longer available include presentation by secured creditors or trustees of original security instruments and notes endorsed by the creditors or trustees (formerly G.S. 45-37(a)(2)); presentation by grantors, mortgagors, or their attorneys or agents of original security instruments and the instruments they secure if the maturity date is more than ten years old (formerly G.S. 45-37(a)(3)); and presentation by bearers or holders of original negotiable instruments and the instruments they secure, signed and marked paid, provided no prior notice was given of a loss or theft of the instruments (formerly G.S. 45-37(a)(4)). There continues to be no fee for satisfaction documents.

Session Law 2011-351 (S 519) expands the requirement for the identification of a person or law firm that drafted a deed or deed of trust executed after January 1, 1980, to include all such instruments, even if prepared outside North Carolina. G.S. 47-17.1 (effective June 27, 2011). Note that the only entity or organization name that is sufficient alone is a law firm; otherwise a person’s name must appear as drafter. Note also that as before the change, a drafter’s name is required on the first page; a drafter’s signature is not required. The register is not to accept such an instrument for recording without the information. The legislation took effect on June 27, 2011.Session Law 2011-296 (H 384) also makes changes to the margin and font requirements in G.S. 161-14(b) on documents other than plats. Effective October 1, 2011, side margins must be at least one-quarter inch (the current requirement is one-half inch) and a font size no smaller than nine points is considered legible (the current requirement states that a font size no smaller than 10 points shall be considered legible).

Widow and Widower Authorized Effective June 23, 2011

Session Law 2011-246 (H 312), sec. 8, revises G.S. 47-113.2(b)(1) to give the subject’s widow or widower the ability to file and receive a copy directly rather than only with another authorized person’s written permission.