N.C. Gen. Stat. § 45-36.18
Affidavit of satisfaction: effect
Redline — June 1, 2021 → current.View current text →
Current — June 1, 2022
As of June 1, 2021
(1) Upon recording, an affidavit substantially complying with the requirements of G.S. 45-36.16 constitutes a satisfaction of the security instrument described in the affidavit.
(1) Upon recording, an affidavit substantially complying with the requirements of G.S. 45-36.16 constitutes a satisfaction of the security instrument described in the affidavit.
(2) The recording of an affidavit of satisfaction of a security instrument does not by itself extinguish any liability of a person for payment or performance of the secured obligation.
(2) The recording of an affidavit of satisfaction of a security instrument does not by itself extinguish any liability of a person for payment or performance of the secured obligation.
(3) The register of deeds may not refuse to accept for recording an affidavit of satisfaction of a security instrument unless: The affidavit is submitted by a method or in a medium not authorized for registration by the register of deeds under applicable law; or
(3) The register of deeds may not refuse to accept for recording an affidavit of satisfaction of a security instrument unless: The affidavit is submitted by a method or in a medium not authorized for registration by the register of deeds under applicable law; or
(4) The affidavit is not signed by the satisfaction agent and either (i) acknowledged as required by law for a conveyance of an interest in real property or (ii) sworn to or affirmed before an officer authorized to administer oaths and affirmations. The register of deeds shall not be required to verify or make inquiry concerning (i) the truth of the matters stated in any affidavit of satisfaction, or (ii) the authority of the person executing any affidavit of satisfaction to do so.
(4) The affidavit is not signed by the satisfaction agent and either (i) acknowledged as required by law for a conveyance of an interest in real property or (ii) sworn to or affirmed before an officer authorized to administer oaths and affirmations. The register of deeds shall not be required to verify or make inquiry concerning (i) the truth of the matters stated in any affidavit of satisfaction, or (ii) the authority of the person executing any affidavit of satisfaction to do so.
History
(2005-123, s. 1; 2013-204, s. 2.6.)
(2005-123, s. 1; 2013-204, s. 2.6.)
Effect of Amendments. - Session Laws 2013-204, s. 2.6, effective June 26, 2013, in subdivision (c)(2), added "either (i)" and "or (ii) sworn to or affirmed before an officer authorized to administer oaths and affirmations."
Effect of Amendments. - Session Laws 2013-204, s. 2.6, effective June 26, 2013, in subdivision (c)(2), added "either (i)" and "or (ii) sworn to or affirmed before an officer authorized to administer oaths and affirmations."
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.