Bill Text: NC S643 | 2015-2016 | Regular Session | Amended

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Bill Title: Real Prop./Recorded Instrument Error Correct

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2015-04-09 - Re-ref Com On Judiciary I [S643 Detail]

Download: North_Carolina-2015-S643-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

S                                                                                                                                                     1

SENATE BILL 643

 

 

Short Title:        Real Prop./Recorded Instrument Error Correct.		(Public)
Sponsors:	Senators Lee, Barringer, and Daniel (Primary Sponsors).
Referred to:	Rules and Operations of the Senate.

March 30, 2015

A BILL TO BE ENTITLED

AN ACT to amend the procedures for correcting typographical, obvious description, or other minor errors in recorded instruments.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 47‑36.1 is repealed.

SECTION 2.  Article 2 of Chapter 47 of the General Statutes is amended by adding a new subsection to read:

"§ 47‑36.2.  Correction of errors in recorded instruments.

The following definitions apply to this section, unless the context requires a different meaning:

(1)        Attorney. – A person licensed to practice law under Chapter 84 of the General Statutes.

(2)        Corrective affidavit. – An affidavit executed by an attorney to correct an obvious description error, typographical error, or other minor error in a deed, deed of trust, or other instrument recorded with the register of deeds.

(3)        Obvious description error. – An error in the legal description of real property that is contained in a recorded deed, deed of trust, mortgage, or other conveyance where the subject parcel is properly identified in the instrument being corrected and is shown on a recorded subdivision plat."

SECTION 3.  This act becomes effective October 1, 2015, and applies to corrective affidavits filed on or after that date.