GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 674

Short Title:  Permanent Curative Statute–Seals.	(Public)

─────────────────────────────────────── 
Sponsors: Representative Arnold.

─────────────────────────────────────── 
Referred to:  Judiciary I.

─────────────────────────────────────── 

March 31, 1997

A BILL TO BE ENTITLED
AN ACT TO MAKE PERMANENT THE CURATIVE STATUTE ON LAND TRANSFER DOCUMENTS FILED WITHOUT THE WORD "SEAL”AND TO MAKE OTHER CHANGES TO THE VALIDATION OF SOME RECORDED INSTRUMENTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 47-108.11 reads as rewritten:
"§ 47-108.11.  Validation of recorded instruments where seals have been omitted.
” ”””””In all cases of any deed, deed of trust, mortgage, lien or other instrument authorized or required to be registered in the office of the register of deeds of any county in the State wherein it appears of record or it appears from said instrument, that there has been omitted from said instrument recorded or registered in the office of the register of deeds of any county of this State that the word ‘seal', ‘notarial seal', the words ‘that the grantor or grantors have hereunto fixed or set their hands and seals', or the attesting clause omits to recite in substance that the instrument has been ‘signed, sealed, and delivered' then all such deeds, mortgages, deeds of trust, liens or other instruments, and the registration of same in the office of the register of deeds, are hereby declared to be valid and binding and are hereby made in all respects valid and binding with the same effect and to the same extent as if the word ‘seal', ‘notarial seal', the words ‘that the grantor or grantors have hereunto fixed or set their hands and seals' and the attesting clause recited in substance that the instrument has been ‘signed, sealed, and delivered' had been set forth and the registration and recording of such instruments in the office of the register of deeds in any county of this State are hereby declared to be valid, proper, legal and binding registrations.
This section shall not apply to pending litigation or to any such instruments now directly or indirectly involved in pending litigation, but otherwise shall have both retrospective and prospective applications."
Section 2.  This act is effective when it becomes law.