North Carolina General Statutes 47-108.28. Seven-year curative statute
(a) An instrument conveying or purporting to convey an interest in real property that contains a defect, irregularity, or omission shall be deemed effective to vest title as stated therein and to the same extent as though the instrument had not contained the material defect, irregularity, or omission, if both of the following conditions are met:
(1) The instrument is recorded by the register of deeds in the county or counties where the property is situated.
(2) The material defect, irregularity, or omission is not corrected within seven years after the instrument was recorded.
The proper recordation and indexing of a curative instrument or a notice of lis pendens shall toll the seven-year curative period.
(b) For the purposes of this section only, an instrument shall be deemed to contain a “defect, irregularity, or omission” when any of the following conditions are met:
(1) The recorded instrument lacks any of the following:
a. A properly executed form of acknowledgment as provided under Article 3 of this Chapter or Chapter 10B of the N.C. Gen. Stat..
b. The proper recital of consideration paid.
c. The residence of a party.
d. The address of the property.
e. The address of a party.
f. The date of the instrument.
g. The date of any instrument or obligation secured by the instrument.
h. The proper affixation of seal by any person authorized to execute an instrument by virtue of an office or appointment held by the grantor that is required to affix the seal to the recorded instrument under applicable law.
(2) The name of a grantor, trustor, mortgagor, assignor, borrower, or other person with an interest in the property does not appear in any part of the instrument, but the person executed the instrument without limitation or qualification. The person who executed the instrument without limitation or qualification shall be deemed to have conveyed or encumbered (as applicable) any interest or right such person then had in the property conveyed or encumbered by the terms of the instrument.
(c) Nothing in this section is intended to modify any provisions of law pertaining to the competency or infancy of the grantor or the provisions of Chapter 22 of the N.C. Gen. Stat. or to limit any remedies available under the laws of this State. ?(2017-110, s. 3; 2021-91, s. 12.)
Terms Used In North Carolina General Statutes 47-108.28
- 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
- Grantor: The person who establishes a trust and places property into it.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- 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.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.