North Carolina Guidebook for Registers of Deeds

Transcription

1 North Carolina Guidebook for Registers of Deeds TENTH EDITION 2013 Charles Szypszak

2 The School of Government at the University of North Carolina at Chapel Hill works to improve the lives of North Carolinians by engaging in practical scholarship that helps public officials and citizens understand and improve state and local government. Established in 1931 as the Institute of Government, the School provides educational, advisory, and research services for state and local governments. The School of Government is also home to a nationally ranked graduate program in public administration and specialized centers focused on information technology and environmental finance. As the largest university-based local government training, advisory, and research organization in the United States, the School of Government offers up to 200 courses, webinars, and specialized conferences for more than 12,000 public officials each year. In addition, faculty members annually publish approximately 50 books, manuals, reports, articles, bulletins, and other print and online content related to state and local government. Each day that the General Assembly is in session, the School produces the Daily Bulletin Online, which reports on the day s activities for members of the legislature and others who need to follow the course of legislation. The Master of Public Administration Program is offered in two formats. The full-time, two-year residential program serves up to 60 students annually. In 2013 the School launched MPA@UNC, an online format designed for working professionals and others seeking flexibility while advancing their careers in public service. The School s MPA program consistently ranks among the best public administration graduate programs in the country, particularly in city management. With courses ranging from public policy analysis to ethics and management, the program educates leaders for local, state, and federal governments and nonprofit organizations. Operating support for the School of Government s programs and activities comes from many sources, including state appropriations, local government membership dues, private contributions, publication sales, course fees, and service contracts. Visit or call for more information on the School s courses, publications, programs, and services. Michael R. Smith, Dean Thomas H. Thornburg, Senior Associate Dean Frayda S. Bluestein, Associate Dean for Faculty Development L. Ellen Bradley, Associate Dean for Programs and Marketing Todd A. Nicolet, Associate Dean for Operations Ann Cary Simpson, Associate Dean for Development Bradley G. Volk, Associate Dean for Administration FACULTY Whitney Afonso Trey Allen Gregory S. Allison David N. Ammons Ann M. Anderson A. Fleming Bell, II Maureen Berner Mark F. Botts Michael Crowell Sara DePasquale Leisha DeHart-Davis Shea Riggsbee Denning James C. Drennan Richard D. Ducker Joseph S. Ferrell Alyson A. Grine Norma Houston Cheryl Daniels Howell Jeffrey A. Hughes Willow S. Jacobson Robert P. Joyce Kenneth L. Joyner Diane M. Juffras Dona G. Lewandowski Adam Lovelady James M. Markham Christopher B. McLaughlin Kara A. Millonzi Jill D. Moore Jonathan Q. Morgan Ricardo S. Morse C. Tyler Mulligan Kimberly L. Nelson David W. Owens LaToya B. Powell William C. Rivenbark Dale J. Roenigk John Rubin Jessica Smith Meredith Smith Carl W. Stenberg III John B. Stephens Charles Szypszak Shannon H. Tufts Vaughn Mamlin Upshaw Aimee N. Wall Jeffrey B. Welty Richard B. Whisnant 2013 School of Government The University of North Carolina at Chapel Hill Use of this publication for commercial purposes or without acknowledgment of its source is prohibited. Reproducing, distributing, or otherwise making available to a non-purchaser the entire publication, or a substantial portion of it, without express permission, is prohibited. Printed in the United States of America ISBN This publication is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. Printed on recycled paper Inside cover art by Charles Szypszak

3 Contents Acknowledgments xi Chapter 1 The Office and Its Management 1.1 Nature of the Office History of the Office Election to Office Qualifications Election Vacancy in the Office Taking Office Oath Bond Official Seal Notarial Powers Restrictions Register s Employment Conditions Maintaining an Office Compensation and Benefits 21

4 iv Contents 1.6 Assistants, Deputies, and Other Office Personnel Positions and Appointment Authority Legal Restrictions on Employment Decisions General Statutory Prohibitions Political Affiliation Protected Speech Employee Rights to Compensation and Benefits Official Accountability and Ethics Liability Bond Insurance Personal Liability Contract Liability Budgets, Fees, and Accounting Budget Automation Enhancement and Preservation Fund Fees Credit Cards and Electronic Payments North Carolina Association of Registers of Deeds 46 Chapter 2 Public Records and Management 2.1 Record Keeping Generally General Record Keeping Responsibility Disaster Preparation Access to Public Records Primary Records Real Estate Marriage Licenses Birth Certificates Death Certificates Military Discharges Operational Records 64

5 Contents v Internal Office Records Personnel Records Legal Materials Trade Secrets Records Involving Public Security Copies of Unrestricted Records Copies of Single Records Copies of Databases State Vital Records Processing Delayed Birth Registration Amendments to Birth and Death Records Legitimations Verification Notary Commissions Grave Removals Records Disposal and Archiving General Retention Practices Retention Requirements Primary Records Operational Records: Indexes Internal Office Records Required Duplication Destruction Internet Record Redaction Archived Records No Longer Recorded County Bonds Farm Names Jury Lists Stray Livestock Timber Marks 87

6 vi Contents Chapter 3 Real Estate Instrument Registration and Indexing 3.1 Conveyances and Instruments Conveyances Purpose of Registration Basic Nature of Instruments Closings Registering Real Estate Instruments General Duty to Register Instruments Presented Instrument Format and Required Contents Nonconforming Features Drafter s Name Mailing Name and Address Grantor Signatures Real Estate Tax Certifications Parcel Identifier Number Originality Requirements Instruments Requiring Verification Previously Recorded Instruments Certified Copies Electronic Filings Uncertified Copies or Instruments Not Requiring Verification Verification Authorized Officers North Carolina Officials Federal and Out-of-State Officials Required Elements Officer s Signature Commission Expiration Date Official Seal Payment of Recording Fees Payment of Excise Taxes Payment of the State Excise Tax Transfers Subject to Tax and Exceptions Amount and Collection Refunds and Corrections Separate County Excise Tax 141

7 Contents vii Satisfaction Instruments Nature and Function Historic Methods of Satisfaction Common Forms of Satisfaction Instruments Affidavits of Satisfaction Deeds of Release Documents of Rescission Register Verification and Registration Plats Permissible Plat Size and Material Certification Requirements and Exceptions Plats Requiring Special Treatment Highway Right-of-Way Plans Transportation Corridor Maps Condominium Plans Annexation Maps Farmland District Notices False Lien Claims Indexing Real Estate Instruments Purpose and Effect of Indexing Prompt Indexing Structure, Contents, and Order of Index Identifying Parties Representatives Subsequent Instruments Spelling Discrepancies Other Names for Same Party Parties to Common Instruments Affixing Manufactured Home Notice Assignment of Security Instrument Assumed Name Certificate Bankruptcy Notice Deed Deed of Trust Foreclosure Deed Plats Power of Attorney Request for Notice of Foreclosure Satisfaction of Security Instrument Substitution of Trustee 178

8 viii Contents Format of Index Name Entries Recognized Characters Components of Human Names Language Convention Hyphenated Surname Surnames in Parentheses Suffixes Titles and Degrees Status Field Estate Names Trust Names Search Aids Equivalencies Auto Completion Soundex Political Divisions Words Beginning with The, A, An Results and Punctuation, Symbols, and Spaces Corrections to Index Uniform Commercial Code Filings Registration Indexing Information Requests Torrens Law Background and Use Title Registration Deeds of Trust and Other Liens and Claims Ownership Transfers Indemnity Release from Registration 196

9 Contents ix Chapter 4 Marriage Licenses 4.1 Registers Role Capacity to Marry Marital Status Age Requirements Kinship Gender Competency Issuance of Marriage Licenses Marriage License Application Form and Identity Personal Appearance Age Social Security Numbers Fees Responsibility of the Register Marriage Ceremony and Record Marriage Ceremony Marriage Records Delayed Marriage Certificates Changes in Applications and Licenses 214 Appendix 1 Fees 217 Recording Real Estate Instruments 217 UCC Records 217 Marriage Licenses 217 Other Records 218 Other Services 218

10 x Contents Appendix 2 Receipt Allocations 219 Deeds and Other Instruments (except plats, deeds of trust, and mortgages) 219 Deeds of Trust and Mortgages 219 Marriage Licenses 219 Other Fees Subject to Pension and Automation Funds 220 Index 221

11 Acknowledgments This tenth edition of the North Carolina Guidebook for Registers of Deeds draws on the work of Institute of Government advisors beginning with the first edition in This updated and expanded edition includes significant contributions by School of Government trusted advisors Janet Mason, Charles Moore, and Emily Roscoe. Also collected within are countless contributions by the many registers of deeds and their assistants and deputies who volunteer their expertise and time to understand and clarify the laws, rules, and standard procedures that govern and guide them in carrying out essential government services. The hard work and good will of registers of deeds and their advisors and attorneys and paralegals and other members of the public who work with them in the spirit of getting it right are an honorable model of the good government on which our representative democracy depends. Charles Szypszak Professor of Public Law and Government Summer 2013 xi