47-37.1. Other forms of proof. (a) The proof and acknowledgment forms set forth in this Article are not exclusive. Without regard to whether an instrument presented for registration was signed by an individual acting in his or her own right or by an individual acting in a representative or fiduciary capacity, a notarial certificate that […]
47-38. Acknowledgment by grantor. When properly completed, a certificate in substantially the following form may be used and shall be sufficient under the law of this State to satisfy the requirements for a notarial certificate for one or more individuals, acting in his, her, or their own right or, whether or not so stated in […]
47-40. Husband’s acknowledgment and wife’s acknowledgment before the same officer. Where the instrument is acknowledged by both husband and wife or by other grantor before the same officer the form of acknowledgment shall be in substance as follows: I (here give name of official and his official title), do hereby certify that (here give names […]
47-41.01. Corporate conveyances. (a) The following forms of probate for deeds and other conveyances executed by a corporation shall be deemed sufficient, but shall not exclude other forms of probate which would be deemed sufficient in law. (b) If the deed or other instrument is executed by an official of the corporation, signing the name […]
47-41.02. Other forms of probate for corporate conveyances. (a) The following forms of probate for deeds and other conveyances executed by a corporation shall also be deemed sufficient but shall not exclude other forms of probate which would be deemed sufficient in law. (b) If the instrument is executed by the president or presiding member […]
47-41.1. Corporate seal. All documents, including but not limited to deeds, deeds of trust, and mortgages, required or permitted by law to be executed by corporations, shall be legally valid and binding when a legible corporate stamp which is a facsimile of its seal is used in lieu of an imprinted or embossed corporate seal. […]
47-41.2. Technical defects. (a) Technical defects, including technical defects under G.S. 10B-68, and errors or omissions in a form of probate or other notarial certificate, shall not affect the sufficiency, validity, or enforceability of the form of probate or the notarial certificate or the related instrument or document. A register of deeds may not refuse […]
47-42. Attestation of bank conveyances by secretary or cashier. (a) Repealed by Session Laws 2002-26, s. 1. (b) All deeds and conveyances executed prior to February 14, 1939, by banking corporations, where the cashier of said banking corporation has attested said instruments, which deeds and conveyances are otherwise regular, are hereby validated. (c) All deeds […]
47-43. Form of certificate of acknowledgment of instrument executed by agent. When an instrument purports to be signed by parties acting through another by virtue of the execution of a power of attorney, the following form of certificate is sufficient, but does not exclude other forms: North Carolina, ______ County. I (here give name of […]
47-43.1. Execution and acknowledgment of instruments by attorneys or attorneys-in-fact. When an instrument purports to be executed by parties acting through another by virtue of a power of attorney, it shall be sufficient if the attorney or agent signs such instrument either in the name of the principal by the attorney or agent or signs […]
47-43.2. Officer’s certificate upon proof of instrument by subscribing witness. When the execution of an instrument is proved by a subscribing witness as provided by G.S. 47-12, the certificate required by G.S. 47-13.1 shall be in substantially the following form: STATE OF______________________________________ (Name of state) _______________________________________COUNTY I, ______________________________, a ___________________________________ (Name of officer taking proof) […]
47-43.3. Officer’s certificate upon proof of instrument by proof of signature of maker. When the execution of an instrument is proved by proof of the signature of the maker as provided by G.S. 47-12.1 or as provided by G.S. 47-13, the certificate required by G.S. 47-13.1 shall be in substantially the following form: STATE OF______________________________________________ […]
47-43.4. Officer’s certificate upon proof of instrument by proof of signature of subscribing witness. When the execution of an instrument is proved by proof of the signature of a subscribing witness as provided by G.S. 47-12.1, the certificate required by G.S. 47-13.1 shall be in substantially the following form: STATE OF________________________________________ (Name of state) _________________________________________ […]
47-44. Clerk’s certificate upon probate by justice of peace or magistrate. When the proof or acknowledgment of any instrument is had before a justice of the peace of some other state or territory of the United States, or before a magistrate of this State, but of a county different from that in which the instrument […]
47-45. Clerk’s certificate upon probate by nonresident official without seal. When the proof or acknowledgment of any instrument is had before any official of some other state, territory or country and such official has no official seal, then the certificate of such official shall be accompanied by the certificate of a clerk of a court […]
47-46.1. Notice of satisfaction of deed of trust, mortgage, or other instrument. No particular phrasing is required for a notice of satisfaction pursuant to G.S. 45-37(a)(5) as it was prior to October 1, 2005, a satisfaction of a security instrument under G.S. 45-36.10, or a trustee’s satisfaction under G.S. 45-36.20. The following form, when properly […]
47-46.2. Certificate of satisfaction of deed of trust, mortgage, or other instrument. No particular phrasing is required for a certification of satisfaction pursuant to G.S. 45-37(a)(6) as it was in effect prior to October 1, 2005, or for a satisfaction of a security instrument under G.S. 45-36.10. The following form, when properly completed, is sufficient […]
47-46.3. Affidavit of lost note. No particular phrasing is required for an affidavit of lost note pursuant to G.S. 45-36(a)(6) as it was in effect prior to October 1, 2005. The following form, when properly completed, is sufficient to satisfy the requirements for an affidavit of lost note under G.S. 45-37(a)(6) as it was in […]
