North Carolina General Statutes 45-36.14. Affidavit of satisfaction: notification to secured creditor
(a) If a secured creditor has not submitted for recording a satisfaction of a security instrument and the security instrument has not been satisfied of record by any of the methods provided by N.C. Gen. Stat. § 45-37(a) within the period specified in N.C. Gen. Stat. § 45-36.9(a), a satisfaction agent acting for and with authority from the landowner may give the secured creditor a notification that the satisfaction agent intends to submit for recording an affidavit of satisfaction of the security instrument. The notification must include all of the following:
(1) The identity and mailing address of the satisfaction agent.
Terms Used In North Carolina General Statutes 45-36.14
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) Identification of the security instrument for which a recorded satisfaction is sought, including the names of the original parties to, and the recording data for, the security instrument.
(3) A statement that the satisfaction agent has reasonable grounds to believe that:
a. The person to whom the notification is being given is the secured creditor; and
b. The secured creditor has received full payment or performance of the secured obligation.
(4) A statement that the security instrument has not been satisfied of record.
(5) A statement that the satisfaction agent, acting with the authorization of the owner of the real property described in the security instrument, intends to sign and submit for recording an affidavit of satisfaction of the security instrument unless, within 30 days after the effective date of the notification:
a. The secured creditor submits a satisfaction of the security instrument for recording;
b. The satisfaction agent receives from the secured creditor a notification stating that the secured obligation remains unsatisfied;
c. The satisfaction agent receives from the secured creditor a notification stating that the secured creditor has assigned the security instrument and identifying the name and address of the assignee; or
d. The security instrument is satisfied of record by any of the methods provided in N.C. Gen. Stat. § 45-37(a).
(b) A notification under subsection (a) of this section must be sent by a method authorized by N.C. Gen. Stat. § 45-36.5 that provides proof of receipt to the secured creditor’s address for giving a notification for the purpose of requesting a payoff statement or, if the satisfaction agent cannot ascertain that address, to the secured creditor’s address for notification for any other purpose.
(c) This Article does not require a person to agree to serve as a satisfaction agent.
(d) A satisfaction agent does not have to give the notification described in this section if (i) the secured creditor has authorized the satisfaction agent to sign and submit an affidavit of satisfaction; (ii) the satisfaction agent has in his or her possession the instruments described in N.C. Gen. Stat. § 45-36.15(a)(3), (a)(4), or (a)(5); or (iii) after diligent inquiry, the satisfaction agent has been unable to determine the identity of the secured creditor because, for example, the last known secured creditor no longer exists and the satisfaction agent has been unable to identify any successor-in-interest to the last known secured creditor. (2005-123, s. 1; 2013-204, s. 2.2.)