Deed Of Trust Records Without Promissory Note In North Carolina
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FAQ
"A deed seeking to convey an interest in land "is void unless it contains a description of the land sufficient to identify it or refers to something extrinsic by which land may be identified with certainty." Overton v. Boyce, 289 N.C. 291, 293, 221 S.E.2d 347, 348 (1976).
Before a deed or deed of trust prepared in North Carolina may be recorded, it must reflect the name of the draftsman on the first page. The first page should contain a "Return to" name and address along with a self addressed stamped envelope. Deeds must contain the grantees mailing address for the Tax department.
Can I prepare my own deed and have it recorded? North Carolina law allows you to prepare a Deed of Conveyance for any real property to which you have legal title. However, the conveyance of real property is a legal matter that should be given under and with the advise of legal counsel.
To be validly registered pursuant to G.S. 47‑20, a mortgage, deed of trust or conditional sales contract, or any combination of these, of both personal property and real property must be registered pursuant to the provisions of G.S. 47‑20.1 for the real property covered by the instrument and pursuant to the provisions ...
When a deed of trust is used as a security instrument, who holds the deed and the note? The trustee holds the deed, and the lender holds the note.
Erecording, or electronic document recording, is the process of transmitting real property documents electronically to the local government entity charged with recording and maintaining public records.
Wills in North Carolina must meet specific legal requirements to be legally binding and valid. The testator must sign the will in the presence of two competent witnesses who also sign the document. If those involved do not follow state statutes for will-making, the will may be deemed invalid.
A North Carolina deed must be recorded—or registered—to include the deed within the official land records. An unrecorded deed is not binding on third parties, and a deed transferring property as a gift is void if not recorded within two years after signing.
What can be construed as a VOID deed? A forged deed. A deed signed by a person determined to be mentally incapacitated. A deed signed by someone who totally does not understand what they are signing. A deed in which the Grantee was typed in without the Grantor's authorization.
