Clear

Satisfaction 

Satisfaction of Mortgages and Deeds of Trust

The North Carolina General Assembly Amended Article 4 of Chapter 45 of the General Statutes relating to the "Satisfaction of Mortgages and Deeds of Trust" as recommended by the North Carolina Bar Association. These amendments are found in Session Law 2005-123 or Senate Bill 734 and became effective October 1, 2005.

The changes resulting from Session Law 2005-123 are substantial and the Register of Deeds responsibility for handling documents submitted for recording will be as follows:

  • Registers will no longer certify that instruments to be recorded have been duly proved or acknowledged, or that the proof or acknowledgement is in due form. Instead registers review instruments for basic requirements and, if they are present, record.
  • Deeds of Trust and Mortgages can be satisfied on the record with a simple instrument prepared and signed by the trustee or secured creditor and acknowledged.
  • Borrowers' attorneys can prepare and record affidavits of satisfaction when secured creditors fail to provide satisfactions.
  • Registers' marginal notes are no longer authorized.

Cancellation Forms that are accepted by the Register of Deeds of Buncombe County are set forth in the Session Law 2005-123 and are also found in NC General Statute 47-46.2.

Cancellation Forms:
Form Name Format Size
Satisfaction of Security Instrument Adobe Acrobat Version (PDF) 76 KB
Trustee Satisfaction Adobe Acrobat Version (PDF) 132 KB

NOTE:
Request for notice and cancellations of Deeds of trust prior to February 3, 1997 were made by marginal entries only and not indexed.