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North Carolina General Statutes Chapter 45. Mortgages and Deeds of Trust § 45-36.18. Affidavit of satisfaction: effect

Current as of January 01, 2023 | Updated by Findlaw Staff

(a) Upon recording, an affidavit substantially complying with the requirements of G.S. 45-36.16 constitutes a satisfaction of the security instrument described in the affidavit.

(b) The recording of an affidavit of satisfaction of a security instrument does not by itself extinguish any liability of a person for payment or performance of the secured obligation.

(c) The register of deeds may not refuse to accept for recording an affidavit of satisfaction of a security instrument unless:

(1) The affidavit is submitted by a method or in a medium not authorized for registration by the register of deeds under applicable law; or

(2) The affidavit is not signed by the satisfaction agent and either (i) acknowledged as required by law for a conveyance of an interest in real property or (ii) sworn to or affirmed before an officer authorized to administer oaths and affirmations. The register of deeds shall not be required to verify or make inquiry concerning (i) the truth of the matters stated in any affidavit of satisfaction, or (ii) the authority of the person executing any affidavit of satisfaction to do so.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 45. Mortgages and Deeds of Trust § 45-36.18. Affidavit of satisfaction: effect - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-45-mortgages-and-deeds-of-trust/nc-gen-st-sect-45-36-18/

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