§ 45-36.22 – Partial releasecontent and effect; form.
45-36.22. Partial release: content and effect; form. (a) A document is a partial release if it does all of the following: (1) Identifies the type of security instrument, the original parties to the security instrument, the recording data for the security instrument, and the office in which the security instrument is recorded. (2) States that […]
§ 45-36.13 – Eligibility to serve as satisfaction agent.
45-36.13. Eligibility to serve as satisfaction agent. No person other than an attorney licensed to practice law in the State of North Carolina may serve as a satisfaction agent under this Article. (2005-123, s. 1.)
§ 45-36.14 – Affidavit of satisfactionnotification to secured creditor.
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 G.S. 45-37(a) within the period specified in G.S. 45-36.9(a), a satisfaction agent acting for […]
§ 45-36.15 – Affidavit of satisfactionauthorization to submit for recording.
45-36.15. Affidavit of satisfaction: authorization to submit for recording. (a) Subject to subsections (b) and (c) of this section, a satisfaction agent may sign and submit for recording an affidavit of satisfaction of a security instrument complying with G.S. 45-36.16 if the satisfaction agent has reasonable grounds to believe that the secured creditor has received […]
§ 45-36.16 – Affidavit of satisfactioncontent.
45-36.16. Affidavit of satisfaction: content. An affidavit of satisfaction of a security instrument must comply with all of the following: (1) Identify the type of security instrument, the original parties to the security instrument, the secured creditor, the recording data for the security instrument, and the office in which the security instrument is recorded. (2) […]
§ 45-36.17 – Affidavit of satisfactionform.
45-36.17. Affidavit of satisfaction: form. No particular phrasing of an affidavit of satisfaction is required. The following form of affidavit, when properly completed, is sufficient to satisfy the requirements of G.S. 45-36.16: "AFFIDAVIT OF SATISFACTION (G.S. 45-36.16, 45-36.17, 45-36.18) _________________ (Date of Affidavit) The undersigned hereby states as follows: 1. I am an attorney licensed […]
§ 45-36.18 – Affidavit of satisfactioneffect.
45-36.18. Affidavit of satisfaction: effect. (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 […]
§ 45-36.4 – Definitions.
45-36.4. Definitions. As used in this Article, the following terms mean: (1) Address for giving a notification. – For the purpose of a particular type of notification, the most recent address provided in a document by the intended recipient of the notification to the person giving the notification, unless the person giving the notification knows […]
§ 45-36.5 – Notificationmanner of giving and effective date.
45-36.5. Notification: manner of giving and effective date. (a) A person gives a notification by any of the following: (1) Depositing it with the United States Postal Service with first-class postage paid or with a commercially reasonable delivery service with cost of delivery provided, properly addressed to the recipient’s address for giving a notification. (2) […]
§ 45-36.6 – Document of rescissioneffect; liability for wrongful recording.
45-36.6. Document of rescission: effect; liability for wrongful recording. (a) Definitions. – The following definitions apply in this section: (1) Document of rescission. – A document that rescinds either (i) a release that was recorded in error or (ii) the erroneous satisfaction of a security instrument. (2) Release. – A document that either (i) releases […]