State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-36_16

§ 45‑36.16.  Affidavitof satisfaction: content.

An affidavit of satisfactionof a security instrument must comply with all of the following:

(1)        Identify the type ofsecurity instrument, the original parties to the security instrument, thesecured creditor, the recording data for the security instrument, and theoffice in which the security instrument is recorded.

(2)        State the basis uponwhich the person signing the affidavit is a satisfaction agent.

(3)        Reserved.

(4)        State that theperson signing the affidavit has reasonable grounds to believe that the securedcreditor has received full payment or performance of the secured obligation.

(5)        State that theperson signing the affidavit, acting with the authority of the owner of thereal property described in the security instrument, gave notification to thesecured creditor of its intention to sign and submit for recording an affidavitof satisfaction.

(6)        Describe the methodby which the person signing the affidavit gave notification in compliance withthis Article.

(7)        State that:

a.         More than 30 dayshave elapsed since the effective date of that notification, and the personsigning the affidavit has no knowledge that the secured creditor has submitteda satisfaction for recording and has not received a notification that thesecured obligation remains unsatisfied; or

b.         The secured creditorauthorized the person signing the affidavit to sign and record an affidavit ofsatisfaction.

(8)        Be signed andacknowledged as required by law for a conveyance of an interest in realproperty. (2005‑123,s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-36_16

§ 45‑36.16.  Affidavitof satisfaction: content.

An affidavit of satisfactionof a security instrument must comply with all of the following:

(1)        Identify the type ofsecurity instrument, the original parties to the security instrument, thesecured creditor, the recording data for the security instrument, and theoffice in which the security instrument is recorded.

(2)        State the basis uponwhich the person signing the affidavit is a satisfaction agent.

(3)        Reserved.

(4)        State that theperson signing the affidavit has reasonable grounds to believe that the securedcreditor has received full payment or performance of the secured obligation.

(5)        State that theperson signing the affidavit, acting with the authority of the owner of thereal property described in the security instrument, gave notification to thesecured creditor of its intention to sign and submit for recording an affidavitof satisfaction.

(6)        Describe the methodby which the person signing the affidavit gave notification in compliance withthis Article.

(7)        State that:

a.         More than 30 dayshave elapsed since the effective date of that notification, and the personsigning the affidavit has no knowledge that the secured creditor has submitteda satisfaction for recording and has not received a notification that thesecured obligation remains unsatisfied; or

b.         The secured creditorauthorized the person signing the affidavit to sign and record an affidavit ofsatisfaction.

(8)        Be signed andacknowledged as required by law for a conveyance of an interest in realproperty. (2005‑123,s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_45 > GS_45-36_16

§ 45‑36.16.  Affidavitof satisfaction: content.

An affidavit of satisfactionof a security instrument must comply with all of the following:

(1)        Identify the type ofsecurity instrument, the original parties to the security instrument, thesecured creditor, the recording data for the security instrument, and theoffice in which the security instrument is recorded.

(2)        State the basis uponwhich the person signing the affidavit is a satisfaction agent.

(3)        Reserved.

(4)        State that theperson signing the affidavit has reasonable grounds to believe that the securedcreditor has received full payment or performance of the secured obligation.

(5)        State that theperson signing the affidavit, acting with the authority of the owner of thereal property described in the security instrument, gave notification to thesecured creditor of its intention to sign and submit for recording an affidavitof satisfaction.

(6)        Describe the methodby which the person signing the affidavit gave notification in compliance withthis Article.

(7)        State that:

a.         More than 30 dayshave elapsed since the effective date of that notification, and the personsigning the affidavit has no knowledge that the secured creditor has submitteda satisfaction for recording and has not received a notification that thesecured obligation remains unsatisfied; or

b.         The secured creditorauthorized the person signing the affidavit to sign and record an affidavit ofsatisfaction.

(8)        Be signed andacknowledged as required by law for a conveyance of an interest in realproperty. (2005‑123,s. 1.)