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NC H375

Bill

Status

Introduced

3/26/2015

Primary Sponsor

Jonathan Jordan

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Origin

House of Representatives

2015-2016 Session

AI Summary

  • Clarifies the process for correcting nonmaterial typographical errors in recorded instruments through corrective affidavits, which become effective upon recording without requiring amendments to existing statute-authorized correction methods.

  • Creates a new curative procedure allowing North Carolina attorneys to correct "obvious description errors" in recorded deeds, deeds of trust, and other conveyance instruments by filing a curative affidavit after providing 30-day notice to all relevant parties.

  • Establishes that obvious description errors include transcription mistakes in courses and distances, incorrect lot numbers, erroneous plat references, missing exhibits, and errors made apparent by recorded plats or other chain-of-title documents, but excludes missing signatures and ownership designations.

  • Implements a 10-year curative statute providing that any instrument with material defects (improper acknowledgments, missing recitals, missing seals) shall be deemed effective to vest title as stated if the defect remains uncorrected for 10 years after recording.

  • Becomes effective October 1, 2015, and applies to curative affidavits filed on or after that date.

Legislative Description

Real Prop./Error Correction & Title Curative

Last Action

Ref To Com On Rules and Operations of the Senate

4/28/2015

Committee Referrals

Rules and Operations of the Senate4/28/2015
Judiciary II3/30/2015

Full Bill Text

No bill text available