FAQs • What are the requirements for recordation of a deed o

What are the requirements for recordation of a deed or deed of trust?: The name of the draftsman must appear on the first page of the document. This must be either a law firm or an individual's name. This should be prefaced with the words "Prepared by" or Drawn by". In addition, the first page should contain the name of the person to whom the instrument is to be returned. This should be prefaced with the words "Return to".

If you are recording a gift deed, this must be stated on the first page. If the deed is not a gift, you must declare and pay excise tax consideration. The excise tax must be noted on the first page of the deed. Instruments must be properly signed and notarized.

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Register of Deeds - Trusts & Deeds

1. How can I get my deed of trust canceled of record?: Typically there are three ways to cancel a deed of trust of record.
- Cancellation by Exhibition: The presentation to the Register of Deeds of both the original deed of trust and the original promissory note. Both must be endorsed by any officer of the lender (beneficiary) with the name of the lender and the date of satisfaction. The signature portion of the endorsement of payment and satisfaction must be followed by the printed, typed or stamped name of the endorser and their capacity (title).
- Certificate of Satisfaction: This is used when either the original deed of trust or both deed of trust and promissory note are missing. This is executed by the lender (beneficiary) and takes the place of the original deed of trust. If the original note is available, the note must be marked paid and satisfied as discussed in cancellation by exhibition. The date of satisfaction recited in the certificate of satisfaction must be the same as the date of satisfaction on the promissory note. The certificate of satisfaction must be properly signed and notarized. If the original promissory note is lost, an affidavit of lost note must accompany the certificate of satisfaction.
- Notice of Satisfaction: This is executed by the trustee or the substitute trustee. The notice of satisfaction must be properly notarized.

There is no fee for processing a cancellation.

2. What are the requirements for recordation of a deed or deed of trust?: The name of the draftsman must appear on the first page of the document. This must be either a law firm or an individual's name. This should be prefaced with the words "Prepared by" or Drawn by". In addition, the first page should contain the name of the person to whom the instrument is to be returned. This should be prefaced with the words "Return to".

If you are recording a gift deed, this must be stated on the first page. If the deed is not a gift, you must declare and pay excise tax consideration. The excise tax must be noted on the first page of the deed. Instruments must be properly signed and notarized.

3. What is the recording fee of a deed of trust?: The filing fee is $56 for the first 15 pages plus $4 for each additional page.

4. What is the recording fee of a deed?: The filing fee is $26 for the first 15 pages plus $4 for each additional page. In addition, excise tax must be included with the filing fee.

5. How do I calculate excise tax?: The calculation of excise tax is $1 per each $500 or a fractional part thereof of the purchase price or value of the property if a trade is negotiated.

6. What are the specific criteria of the new document standards?: The recording standards provided for in G.S. 161-14(b) are effective for all instruments executed on or after October 1, 2011. After this date, any instrument presented for registration must meet the following requirements:
- Presented on 8.5 by 11 inch or 8.5 by 14 inch paper
- Has a blank margin at top of first page of 3 inches and one quarter inch on remaining sides of the first page and all sides of subsequent pages
- Be typed or printed in black on white paper in a legible font that is not smaller than 9 points in size
- Is printed in single-sided pages
- Indicates the type of instrument at the top of the first page

The new requirements permit blanks to be filled in and corrections to be made by hand in pen. If a document executed on or after October 1, 2011 does not meet the new standards, the document can still be recorded. However, the Register of Deeds will collect a new $25 fee for filing a "nonstandard document." This fee will be in addition to the filing fee for the actual recording. The National Standard Form for Uniform Commercial Code (UCC) will be excepted from the "nonstandard document" fee.

7. What if I have a question regarding document preparation?: You will need to direct your questions to an attorney. We are unable to give legal advice, and cannot prepare deeds or any other documents.