State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-14

§ 47‑14.  Register ofdeeds to verify the presence of proof or acknowledgement and registerinstruments and electronic documents; order by judge; instruments to whichregister of deeds is a party.

(a)        Verification ofInstruments. – The register of deeds shall not accept for registration anyinstrument that requires proof or acknowledgement unless the execution of theinstrument by one or more signers appears to have been proved or acknowledgedbefore an officer with the apparent authority to take proofs or acknowledgements,and the proof or acknowledgement includes the officer's signature, commissionexpiration date, and official seal, if required. The register of deeds shallaccept an instrument for registration that does not require proof oracknowledgement if the instrument otherwise satisfies the requirements of G.S.161‑14. Any instrument previously recorded or any certified copy of anyinstrument previously recorded may be rerecorded provided the instrument isconspicuously marked on the first page as a rerecording. The register of deedsmay rely on the marking and the appearance of the original recording office'srecording information to determine that an instrument is being presented as itwas previously recorded. The register of deeds is not required to furtherverify the proof or acknowledgement of or determine whether any changes oralterations have been made after the original recording to an instrumentpresented for rerecording. The register of deeds is not required to verify ormake inquiry concerning any of the following:

(1)        The legalsufficiency of any proof or acknowledgement.

(2)        The authority of anyofficer who took a proof or acknowledgement.

(3)        The legalsufficiency of any document presented for registration.

(a1)      Verification ofElectronic Documents. – The requirements of subsection (a) of this section forverification of the execution of an instrument are satisfied with respect to anelectronic document if all of the conditions in this subsection are met. Forpurposes of this subsection, the term "electronic document" is asdefined in G.S. 47‑16.2(3). The conditions are:

(1)        The register ofdeeds has authorized the submitter to electronically register the electronicdocument.

(2)        The document issubmitted by a United States federal or state governmental unit orinstrumentality or a trusted submitter. For purposes of this subsection,"a trusted submitter" means a person or entity that has entered intoa memorandum of understanding regarding electronic recording with the register ofdeeds in the county in which the electronic document is to be submitted.

(3)        The execution of theinstrument by one or more signers appears to have been proved or acknowledgedbefore an officer with the apparent authority to take proofs oracknowledgements, and the proof or acknowledgment includes the officer'ssignature, commission expiration date, and official seal, if required, based onthe appearance of these elements on the digitized image of the document as itwill appear on the public record.

(4)        Evidence of otherrequired governmental certification or annotation appears on the digitizedimage of the document as it will appear on the public record.

(5)        With respect to adocument submitted by a trusted submitter, the digitized image of the documentas it will appear on the public record contains the submitter's name in thefollowing completed statement on the first page of the document image:"Submitted electronically by ___ (submitter's name) in compliance withNorth Carolina statutes governing recordable documents and the terms of thesubmitter agreement with the ___ (insert county name) County Register ofDeeds."

(6)        Except as otherwiseprovided in this subsection, the digitized image of the electronic documentconforms to all other applicable laws and rules that prescribe recordation.

(a2)      Verification ofOfficer's Signature. – Submission to a register of deeds of an electronicdocument requiring proof or acknowledgement is a representation by thesubmitter that, prior to submission, the submitter verified the officer'ssignature required under subdivision (a1)(3) of this section to be one of thetypes of signatures listed in this subsection. The register of deeds may relyon this representation for purposes of determining compliance with thesignature requirements of this section. The electronic registration of adocument with a register of deeds prior to the effective date of this statuteis not invalid based on whether the register verified the officer's signaturein accordance with this subsection. The types of signatures are:

(1)        A signature in inkby hand.

(2)        An electronicsignature as defined in G.S. 10B‑101(7).

(b)        Order by Judge. – Ifa register of deeds denies registration pursuant to subsection (a), the personoffering the instrument for registration may apply to any judge of the districtcourt in the district, including the county in which the instrument is to beregistered, for an order for registration. Upon finding all of the requirementsin this subsection, the judge shall order the instrument to be registered,together with the certificates, and the register of deeds shall register themaccordingly. The requirements are:

(1)        If the instrumentrequires proof or acknowledgement, that the signature of one or more signershas been proved or acknowledged before an officer authorized to take proofs andacknowledgements.

(2)        That the proof oracknowledgement includes the officer's signature and commission expiration dateand official seal, if required.

(c)        Repealed by SessionLaws 2008‑194, s. 7(a), effective October 1, 2008.

(d)        Scope. – Registrationof an instrument pursuant to this section is not effective with regard toparties who have not executed the instrument or whose execution thereof has notbeen duly proved or acknowledged.

(e)        Register of Deedsas Party. – Any instrument required or permitted by law to be registered inwhich the register of deeds of the county of registration is a party may beproved or acknowledged before any magistrate or any notary public. The clerk ofsuperior court of the county of registration shall examine any instrumentpresented for registration. If it appears that the execution and acknowledgmentare in due form, the clerk shall so certify and the instrument shall then berecorded in the office of the register of deeds.

(f)         Presumption ofNotarial Seal. – The acceptance of a record for registration by the register ofdeeds shall give rise to a presumption that, at the time the record waspresented for registration, a clear and legible image of the notary's officialseal was affixed or embossed on the record near the notary's officialsignature. This presumption applies regardless of whether the image is legibleor photographically reproduced in the records maintained by the register ofdeeds. A register of deeds may not refuse to accept a record for registrationbecause a notarial seal does not satisfy the requirements of G.S. 10B‑37. (1899, c. 235,s. 7; 1905, c. 414; Rev., s. 999; C.S., s. 3305; 1921, c. 91; 1939, c. 210, s.2; 1967, c. 639, s. 1; 1969, c. 664, s. 2; 1973, c. 60; 2005‑123, s. 2;2006‑59, s. 26; 2006‑259, s. 52(a)‑(b); 2006‑264, s.40(c); 2008‑194, s. 7(a).)