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NC H584

Bill

Status

Passed

7/12/2017

Primary Sponsor

Jonathan Jordan

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Clarifies G.S. 47-36.1 to allow recording of corrective notices for nonmaterial typographical or minor errors in recorded instruments, defining nonmaterial errors as those not affecting parties' respective rights.

  • Creates new G.S. 47-36.2 establishing a curative affidavit procedure allowing licensed attorneys to correct obvious description errors in recorded title instruments after serving notice to affected parties and waiting 45+ days without written objections.

  • Defines "obvious description error" to include inconsistencies in legal descriptions, physical addresses, tax map numbers, plat references, and transcription errors in courses and distances, but excludes missing signatures, ownership designations, and unintended conveyances.

  • Establishes a seven-year curative statute under G.S. 47-108.28 that deems defective instruments effective if material defects are not corrected within seven years of recording, covering missing acknowledgments, consideration recitals, dates, addresses, and party name omissions.

  • Becomes effective August 31, 2018, and applies to curative affidavits filed on or after that date.

Legislative Description

Real Prop./Error Correction & Title Curative

Last Action

Ch. SL 2017-110

7/12/2017

Committee Referrals

Rules and Operations of the Senate6/21/2017
Judiciary5/22/2017
Rules and Operations of the Senate4/13/2017
Judiciary III4/6/2017

Full Bill Text

No bill text available