State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-53

§47‑53.  Probates omitting official seals, etc.

In all cases where theacknowledgment, private examination, or other proof of the execution of anydeed, mortgage, or other instrument authorized or required to be registered hasbeen taken or had by or before any commissioner of affidavits and deeds of thisState, or clerk or deputy clerk of a court of record, or notary public of thisor any other state, territory, or district, and such deed, mortgage, or otherinstrument has heretofore been recorded in any county in this State, but suchcommissioner, clerk, deputy clerk, or notary public has omitted to attach hisor her official or notarial seal thereto, or if omitted, to insert his or hername in the body of the certificate, or if omitted, to sign his or her name tosuch certificate, if the name of such officer appears in the body of saidcertificate or is signed thereto, or it does not appear of record that suchseal was attached to the original deed, mortgage, or other instrument, or suchcommissioner, clerk, deputy clerk, or notary public has certified the same asunder his or her "official seal," or "notarial seal," orwords of similar import, and no such seal appears of record or where theofficer uses "notarial" in his or her certificate and signature showsthat "C.S.C.," or "clerk of superior court," or similarexchange of capacity, and the word "seal" follows the signature, thenall such acknowledgments, private examinations or other proofs of such deeds,mortgages, or other instruments, and the registration thereof, are hereby madein all respects valid and binding. The provisions of this section apply toacknowledgments, private examinations, or proofs taken prior to January 1,1991: Provided, this section does not apply to pending litigation. (Rev.,s. 1012; 1907, cc. 213, 665, 971; 1911, c. 4; 1915, c. 36; C.S., s. 3334; 1929,c. 8, s. 1; 1945, c. 808, s. 2; 1951, c. 1151, s. 1; 1965, c. 500; 1983, c.398, s. 3; 1985, c. 70, s. 3; 1987, c. 277, s. 3; 1989, c. 390, s. 3; 1991, c.489, s. 3.)