State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-46_3

§ 47‑46.3.  Affidavit oflost note.

No particular phrasing isrequired for an affidavit of lost note pursuant to G.S. 45‑36(a)(6) as itwas in effect prior to October 1, 2005. The following form, when properlycompleted, is sufficient to satisfy the requirements for an affidavit of lostnote under G.S. 45‑37(a)(6) as it was in effect prior to October 1, 2005.

AFFIDAVIT OF LOST NOTE

[Name of affiant] personallyappeared before me in ____________ County, State of

____________, and having beenduly sworn (or affirmed) made the following affidavit:

1.         The affiant is theowner of the note or other indebtedness secured by the deed of trust, mortgage,or other instrument executed by __________ (grantor, mortgagor), __________(trustee), and ____________ (beneficiary, mortgagee), and recorded in__________ County at __________ (book and page); and

2.         The note or otherindebtedness has been lost and after the exercise of due diligence cannot belocated.

3.         The affiantcertifies that all indebtedness secured by the deed of trust, mortgage, orother instrument was satisfied on __________, __________ (date ofsatisfaction), and the affiant is responsible for cancellation of the same.

____________________

(Signature of affiant)

Sworn to (or affirmed) andsubscribed before me this ____ day of ___________,_____.

[Signature and seal of notarypublic or other official authorized to administer oaths]. (1995, c. 292, s. 4; 1995(Reg. Sess., 1996), c. 604, s. 2; c. 742, s. 19; 1999‑456, s. 59; 2005‑123,s. 6.)