North Carolina General Statutes 45-36.20. Trustee’s satisfaction of deed of trust: content and effect
(a) Upon recording, a trustee‘s satisfaction substantially complying with the requirements of this section constitutes a satisfaction of the deed of trust described in the trustee’s satisfaction.
(b) The recording of a trustee’s satisfaction does not by itself extinguish any liability of a person for payment or performance of the secured obligation.
(c) This section applies only if the security instrument is a deed of trust. This section is not exclusive. Deeds of trust may also be satisfied of record by methods other than the filing of a trustee’s satisfaction.
(d) Document is a trustee’s satisfaction of a deed of trust if it complies with all of the following:
(1) Identifies the original parties to the deed of trust, the recording data for the deed of trust, and the office in which the deed of trust is recorded.
Terms Used In North Carolina General Statutes 45-36.20
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(2) States that the person signing the trustee’s satisfaction is then serving as trustee or substitute trustee under the terms of the deed of trust.
(3) Contains language terminating the effectiveness of the deed of trust.
(4) Is signed by the trustee or substitute trustee then serving under the terms of the deed of trust and acknowledged as required by law for a conveyance of an interest in real property.
(e) The register of deeds shall accept for recording a trustee’s satisfaction of a deed of trust, unless:
(1) The trustee’s satisfaction is submitted by a method or in a medium not authorized for registration by the register of deeds under applicable law; or
(2) The trustee’s satisfaction is not signed by the trustee or substitute trustee and acknowledged as required by law for a conveyance of an interest in real property. The register of deeds shall not be required to verify or make inquiry concerning (i) the truth of the matters stated in any trustee’s satisfaction, or (ii) the authority of the person executing any trustee’s satisfaction to do so. (2005-123, s. 1.)