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North Carolina General Statutes Chapter 47. Probate and Registration § 47-108.28. Seven-year curative statute

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

(a) An instrument conveying or purporting to convey an interest in real property that contains a defect, irregularity, or omission shall be deemed effective to vest title as stated therein and to the same extent as though the instrument had not contained the material defect, irregularity, or omission, if both of the following conditions are met:

(1) The instrument is recorded by the register of deeds in the county or counties where the property is situated.

(2) The material defect, irregularity, or omission is not corrected within seven years after the instrument was recorded.

The proper recordation and indexing of a curative instrument or a notice of lis pendens shall toll the seven-year curative period.

(b) For the purposes of this section only, an instrument shall be deemed to contain a “defect, irregularity, or omission” when any of the following conditions are met:

(1) The recorded instrument lacks any of the following:

a. A properly executed form of acknowledgment as provided under Article 3 of this Chapter or Chapter 10B of the General Statutes.

b. The proper recital of consideration paid.

c. The residence of a party.

d. The address of the property.

e. The address of a party.

f. The date of the instrument.

g. The date of any instrument or obligation secured by the instrument.

h. The proper affixation of seal by any person authorized to execute an instrument by virtue of an office or appointment held by the grantor that is required to affix the seal to the recorded instrument under applicable law.

(2) The name of a grantor, trustor, mortgagor, assignor, borrower, or other person with an interest in the property does not appear in any part of the instrument, but the person executed the instrument without limitation or qualification. The person who executed the instrument without limitation or qualification shall be deemed to have conveyed or encumbered (as applicable) any interest or right such person then had in the property conveyed or encumbered by the terms of the instrument.

(c) Nothing in this section is intended to modify any provisions of law pertaining to the competency or infancy of the grantor or the provisions of Chapter 22 of the General Statutes or to limit any remedies available under the laws of this State.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 47. Probate and Registration § 47-108.28. Seven-year curative statute - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-47-probate-and-registration/nc-gen-st-sect-47-108-28/

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