North CarolinaRegisters of deeds would record land-sale affidavits as exhibits
When covered land changes hands, the register of deeds would record the required affidavit with the deed, but a missing affidavit would not defeat the transfer.
What it does
For covered land transfers, the register of deeds would record a required affidavit with the deed. Missing it would not invalidate the transfer or affect lien priority.
Argument forKeeping a missing affidavit from affecting validity, lien priority, or insurability could protect land buyers and lenders from recording mistakes.
Argument againstPeople presenting covered deeds would still have to attach the affidavit, creating extra paperwork even though the recorder could not reject the filing for missing it.
More detail
A register of deeds would record a required affidavit as an exhibit to a deed or other document conveying land ownership. This applies to land described by G.S. 64-63(a) and documents that convey an ownership interest in that land. The person presenting the document must attach the affidavit required by G.S. 64-63(f). The affidavit would not count as an additional recorded instrument. The register of deeds could not enforce attachment as a condition of recording and would not be liable if the affidavit is missing. Missing the affidavit would not affect constructive notice, lien priority, validity, or insurability.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 8Ch. SL 2026-54Latest
- Jul 7Signed by Gov. 7/7/2026Became Law
- Jul 2Pres. To Gov. 7/2/2026To Governor
- Jul 1Ratified
- Jun 30Concurred In S Com SubMajor
- Vote recorded M11 Concur. Result: pass.Lower
- Jun 30Ordered Enrolled
- Jun 25Cal Pursuant 36(b)
- Jun 25Placed On Cal For 06/30/2026
- Jun 24Regular Message Sent To House
- Jun 24Regular Message Received For Concurrence in S Com Sub
- Jun 23Amend Adopted A1Major
- Vote recorded Amendment 2 Motion 1 To Table. Result: pass.Upper
- Vote recorded Second Reading. Result: pass.Upper
- Jun 23Amend Tabled A2
- Jun 23Passed 2nd ReadingMinor
- Jun 23Passed 3rd ReadingPassed Senate
- Jun 23Engrossed
- Jun 22Reptd FavMinor
- Jun 17Reptd Fav Com SubstituteMinor
- Jun 17Com Substitute Adopted
- Jun 17Re-ref Com On Rules and Operations of the SenateMinor
- 2025
- Jun 9Withdrawn From Com
- Jun 9Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the SenateMinor
- Apr 28Regular Message Received From House
- Apr 28Passed 1st ReadingMinor
- Apr 28Ref To Com On Rules and Operations of the SenateMinor
- Apr 17Regular Message Sent To Senate
- Apr 16Passed 2nd ReadingMinor
- Apr 16Passed 3rd ReadingPassed House
- Apr 15Reptd FavMinor
- Apr 15Re-ref Com On Rules, Calendar, and Operations of the HouseMinor
- Apr 15Reptd FavMinor
- Apr 15Cal Pursuant Rule 36(b)
- Apr 15Placed On Cal For 04/16/2025
- Apr 8Reptd Fav Com SubstituteMinor
- Apr 8Re-ref Com On Commerce and Economic DevelopmentMinor
- Feb 18Passed 1st ReadingMinor
- Feb 18Ref to the Com on Homeland Security and Military and Veterans Affairs, if favorable, Commerce and Economic Development, if favorable, Rules, Calendar, and Operations of the HouseMinor
- Feb 17FiledIntroduced
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