State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-108_11

§47‑108.11.  Validation of recorded instruments where seals have beenomitted.

In all cases of any deed, deedof trust, mortgage, lien or other instrument authorized or required to beregistered in the office of the register of deeds of any county in this Statewhere it appears of record or it appears that from said instrument, as recordedin the office of the register of deeds of any county in the State, there hasbeen omitted from said recorded or registered instrument the word"seal," "notarial seal" and that any of said recorded orregistered instruments shows or recites that the grantor or grantors "havehereunto fixed or set their hands and seals" and the signature of thegrantor or grantors appears without a seal thereafter or on the recorded orregistered instrument or in all cases where it appears there is an attestingclause which recites "signed, sealed and delivered in the presenceof," and the signature of the grantor or grantors appears on the recordedor registered instrument without any seal appearing thereafter or of record,then all such deeds, mortgages, deeds of trust, liens or other instruments, andthe registration of same in the office of the register of deeds, are herebydeclared to be in all respects valid and binding and are hereby made in allrespects valid and binding to the same extent as if the word "seal"or "notarial seal" had not been omitted, and the registration andrecording of such instruments in the office of the register of deeds in anycounty in this State are hereby declared to be valid, proper, legal and bindingregistrations.

This section shall not applyin any respect to any instrument recorded or registered subsequent to January1, 1999 or to pending litigation or to any such instruments now directly orindirectly involved in pending litigation. (1953, c. 996; 1959, c. 1022;1973, c. 519; c. 1207, s. 2; 1977, c. 165; 1979, 2nd Sess., c. 1185, s. 1;1983, c. 398, s. 7; 1985, c. 70, s. 7; 1987, c. 277, s. 7; 1989, c. 390, s. 7;1991, c. 489, s. 7; 1995, c. 163, s. 16; 1999‑456, s. 12.)