North Carolina General Statutes 161-14.1. Recording subsequent entries as separate instruments
(a) As used in this section, the following terms mean:
(1) Original instrument. – The previously recorded instrument that is modified, amended, restated, supplemented, assigned, satisfied, terminated, revoked, or cancelled by a subsequent instrument.
Terms Used In North Carolina General Statutes 161-14.1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Trustee: A person or institution holding and administering property in trust.
(2) Recording data. – The book and page number or document number that indicates where an instrument is recorded in the office of the register of deeds.
(3) Subsequent instrument. – Any instrument presented for registration that indicates in its title or within the first two pages of its text that it is intended or purports to modify, amend, restate, supplement, assign, satisfy, terminate, revoke, or cancel a previously registered instrument. Examples of subsequent instruments include the following:
a. The appointment or designation of a substitute trustee in a deed of trust.
b. A corrective notice affidavit registered pursuant to N.C. Gen. Stat. § 47-36.1 or a curative affidavit registered pursuant to N.C. Gen. Stat. § 47-36.2
c. A lien maturity extension agreement or notice of maturity date registered pursuant to N.C. Gen. Stat. § 45-36.1
d. A document of rescission registered pursuant to N.C. Gen. Stat. § 45-36.6
e. The cancellation of a Notice of Inactive Hazardous Substance or Waste Disposal Site registered pursuant to N.C. Gen. Stat. § 130A-310.8(f).
f. A record of satisfaction or other instrument purporting to satisfy a security instrument registered pursuant to N.C. Gen. Stat. § 45-37 or N.C. Gen. Stat. § 45-37.2
g. A notice of foreclosure registered pursuant to N.C. Gen. Stat. § 45-38
h. An assignment of a security instrument or lease.
i. An instrument that amends, modifies, or restates an original instrument, such as an amendment or modification agreement or an amended and restated instrument.
j. A release or partial release of property from the lien of a security instrument, including a partial release registered pursuant to N.C. Gen. Stat. § 45-36.22 or a deed of release or reconveyance.
k. An obligation release registered pursuant to N.C. Gen. Stat. § 45-36.23
l. An assumption agreement.
m. A subordination agreement.
n. An instrument terminating future optional advances registered pursuant to N.C. Gen. Stat. § 45-72
o. A certificate of extension extending the period for advances under an equity line of credit registered pursuant to N.C. Gen. Stat. § 45-82.1
p. A notice of extension relating to after-acquired property registered pursuant to N.C. Gen. Stat. § 47-20.5
q. The revocation of a power of attorney.
r. Any instrument authorized or directed by law to be indexed under the provisions of this section.
s. Any instrument for which the register of deeds is authorized or directed by law to make a subsequent entry upon the margin of the record of an original instrument.
(b) The register of deeds shall register each subsequent instrument as a separate instrument and do all of the following:
(1) Index the parties to the subsequent instrument.
(2) If the subsequent instrument names one or more of the original parties to the original instrument, index the original parties to the original instrument as they are named in the subsequent instrument.
(3) If the subsequent instrument states the recording data for the original instrument, reference the recording data of the original instrument as that recording data is stated in the subsequent instrument to each name so indexed.
(c) The register of deeds shall not be required to (i) read or examine any page of an instrument, other than the first two pages, to determine whether it is a subsequent instrument within the meaning of this section, or (ii) verify or make inquiry concerning the accuracy, sufficiency, or completeness of information about an original instrument contained in any subsequent instrument. The register of deeds is expressly authorized to rely solely on the information contained in the subsequent instrument, including, but not limited to, the names of the original parties to the original instrument and the recording data for the original instrument. (1963, c. 1021, s. 3; 1991, c. 114, s. 1; 2005-123, s. 8; 2011-312, s. 28; 2017-110, s. 4; 2018-80, s. 1.3; 2021-91, s. 12.)