2009 cle rerecording (scrubbed) nesf 2-23-09 cle rerecording 2-23-09.pdf · name misspelled...

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www.northcarolina.ctt.com 66

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If at first you don’t succeed, record, record again!

1. Minor error Affidavit of Correction2. Rerecording original NO CHANGES!!!

(G.S. 47-14(a))3. Certified copy recording NO CHANGES!!!

(G.S. 47-31)4. True correction / curative document

(deed of correction, re-acknowledgement…)

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Affidavit of Correction (aka Scrivener’s Error)

• Minor clerical (non-substantive) errors ONLY

• No original document needed SAVES $$$, time and risk of lost document

• MAY attach original or marked up copy for clarification

• Affiant not limited to prior closing attorney or draftsperson

• Provides clarification to later attorney certifying title

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68The Affidavit: Notice of Typographical or

Other Minor ErrorNCGS 47-36.1

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Unaltered Re-recording of Original Document

Must:(a) be conspicuously marked on the 1st page by the

submitter as a “re-recording”– not altered in any way

(b) clearly display the original recording stamp verifying previously recorded.

N.C.G.S. 47-14(a).

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Unaltered Certified Copy

• Will be recorded based upon the prior recorder’s certification.

• If document is altered:– Prior register’s certification would have no legal effect; and – Submission would arguably be a mis-representation to the

current registrar since it is no longer a truly certified copy.

G.S. 47-31(a), effective 10/1/08

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Substantive alterations• Changing core information • May affect constructive notice and priority

of a document• Require traditional curative instruments.

– Signed by relevant parties– New originals– Additional documents, such as:

• modification, substitution of collateral, release deed, subordination, ratification, reaffirmation

• Reaffirmation, Re-Execution & Re-acknowledgment of Previously Executed Instrument

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Traditional “Cures”

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Re-affirmation, Re-execution and Re-Acknowledgement of Previously

Recorded Documents

SAVE MONEY!

SAVE TIME!

How? You ask?

Too Good to Be True?? You say??

Well just wait and see the form that

Kit Anderson calls “chill”

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When is a re-recording a re-recording?When is it a correction?

I know it when I see it!

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Missing Note Date on DT(Note & DT consistent)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Missing Note & DT Date(Note & DT consistent)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Adding a Grantor?(omitted in original document)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Adding a Grantee(omitted in original document)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Grantor’s or Grantee’s 1st NameMisspelled

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Grantor’s or Grantee’s Last Name Misspelled

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Corporate Name(minor spelling error, name non-existent)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Corporate Name(Wrong entity…even if related!)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Missing Notarial Certificate

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Error within Notarial Certificate

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Legal Description Error“It Depends”

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Deed Missing Legal Description

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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DT Missing Legal Description(Has P.I.N & Property Address)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Clearly Erroneous Map Reference

(the wrong dirt)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Erroneous Plat Reference(Same Dirt, Failure to mention revised map)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Deed of Trust(Missing Zip Code of Property)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Deed of Trust(PUD or Condo Rider Omitted)

Affidavit [not really typo]?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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1st & 2nd DT (recorded in wrong order)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

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Correction Deed Recorded…(What about the DT????)

Affidavit of Correction?

Re-affirmation & Re-acknowledgment?

Other Curative Instruments?

Re-recording

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North Carolina Guidebook for

Registers of Deeds: 2007 Book & 2008

Supplement$35.00

We recommend…

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