NC S460

Repeals G.S. 47-36.1 and establishes a new procedure under G.S. 47-36.2 allowing attorneys to correct obvious description errors, typographical errors, and other minor errors in recorded deeds, deeds of trust, and other instruments by filing a corrective affidavit with the register of deeds.

Requires the attorney to notify all parties to the original instrument, current property owners, the original attorney, title insurers, and affected adjoining owners at least 30 days before recording the corrective affidavit; the affidavit may be recorded if no written objection is received within that period.

Provides that a recorded corrective affidavit relates back to the original recording date and operates as a correction of the instrument; title insurance companies must issue endorsements upon request to reflect the corrections.

Creates a 10-year curative statute under G.S. 47-108.27 that deems instruments effective despite material defects in execution, acknowledgment, corporate conveyance formalities, or required seals if 10 years have elapsed since recording without correction; filing a corrective instrument or notice of lis pendens tolls this period.

Effective October 1, 2015, for corrective affidavits filed on or after that date.