Title: An Overview of North Carolina Cancellation of Erroneous Deed: Types and Procedure Introduction: The North Carolina Cancellation of Erroneous Deed is a legal process pursued when a deed recorded in the county land records is found to contain inaccuracies due to errors or mistakes. This detailed description explores the various types of North Carolina Cancellation of Erroneous Deed and outlines the procedures involved. 1. Types of North Carolina Cancellation of Erroneous Deed: a. Mutual Agreement Cancellation: This type occurs when both the granter (the person who created the deed) and the grantee (the recipient of the property) voluntarily agree to cancel the erroneous deed. This requires a written agreement between the parties and subsequent filing with the appropriate county office. b. Judicial Order Cancellation: In this type, the cancellation is achieved through a court order. It is typically utilized when one party is uncooperative or cannot be contacted, or when legal disputes arise regarding the validity of the erroneous deed. Main Content: 2. Procedure for Cancellation of Erroneous Deed in North Carolina: a. Consult an Attorney: Engaging a knowledgeable real estate attorney is highly recommended before initiating the cancellation process. They can provide expert guidance to ensure compliance with legal requirements. b. Complete a Petition: Prepare a written petition detailing the reasons for seeking the cancellation, including a description of the error in the deed. Include supporting documents or evidence to substantiate the inaccuracies. c. File Petition with the Appropriate Court: Submit the completed petition to the clerk of the superior court in the county where the deed is recorded. Pay any required filing fees and obtain a filed-stamped copy for your records. d. Provide Notice: Serve notice to all parties involved in the erroneous deed, including the granter, grantee, and any known encumbrances or lien holders. This can be done through certified mail or personal service, as determined by the court. e. Court Hearing: Attend the scheduled court hearing to present your case. You may need to provide additional evidence, such as affidavits or testimonies, to support your claim for cancellation. f. Obtain Court Order: If the court determines the deed is erroneous, a court order will be issued directing the county register of deeds to cancel the erroneous deed from the land records. g. Notify County Register of Deeds: In compliance with the court order, submit a certified copy of the order to the county register of deeds. This ensures the erroneous deed will be officially canceled and removed from public record. Conclusion: The North Carolina Cancellation of Erroneous Deed provides a legal recourse for rectifying inaccurate or flawed deeds in real estate transactions. It is crucial to understand the types and procedures associated with this process to ensure a successful resolution. Seeking guidance from a qualified attorney can further streamline the cancellation procedure and protect your interests.
North Carolina Cancelation of Erroneous Deed
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If a corrective notice affidavit is conspicuously identified as a corrective notice or scrivener's affidavit in its title, the register of deeds shall index the name of the affiant, the names of the original parties in the instrument, the recording information of the instrument for which the corrective notice is being ...
Deed name changes require the submittal of a new deed to the Register of Deeds office. We suggest that you consult an attorney unless you are familiar with creating legal documents. Click to look up recording fees. You may also have to pay excise tax at the rate of $2 per thousand dollars of the purchase price.
In North Carolina, property owners generally have three options for correcting errors within property deeds. These include using an affidavit of correction, also known as a scrivener's affidavit; re-recording the original deed; or using a newly-drafted correction deed.
A deed must state the name and address for the current owner making the transfer (the grantor) and the new owner receiving the property (the grantee). A deed with more than one grantor or grantee must include the names and addresses of all parties.
Yes. You can prepare your own deed, but it is highly recommended that you retain the services of an attorney to ensure the document is prepared correctly. By law, the Register of Deeds office cannot provide you with any legal advice and does not provide deed forms.
No deed or other writing purporting to convey land or an interest in land shall be declared void for vagueness in the description of the thing intended to be granted by reason of the use of the word "adjoining" instead of the words "bounded by," or for the reason that the boundaries given do not go entirely around the ...
(1) Document of rescission. ? A document that rescinds either (i) a release that was recorded in error or (ii) the erroneous satisfaction of a security instrument.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
