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The original item was published from 12/31/2009 4:08:43 PM to 1/5/2010 9:02:34 AM.

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Posted on: December 31, 2009

[ARCHIVED] New Law - Senate Bill 405—Tax Certification--Recording Deeds

Effective January 1, 2010, Senate Bill 405 amends North Carolina General Statutes 105-228.32 and 105-317.2 affecting deeds recorded in the Register of Deeds Office.

Report On Transfers Of Real Property
To facilitate the accurate appraisal of real property for taxation, the information listed must be included in each deed conveying property. The following information is required:
(1) The name of each grantor and grantee and the mailing address of each grantor and grantee.
(2) A statement whether the property includes the primary residence of a grantor.

Failure to comply with this section does not affect the validity of a duly recorded deed. This
section does not apply to deeds of trust, deeds of release, or similar instruments.

Instrument Must Be Marked To Reflect Tax Paid
A person who presents a deed conveying property (Instrument) for registration must report to the Register of Deeds the amount of Excise Tax due. It is the duty of the person presenting the instrument for registration to report the correct amount of excise Tax due. Before the instrument may be recorded, the Register of Deeds must collect the excise tax due and mark the instrument to indicate that the tax has been paid and the amount of the excise tax paid.

View the Statute
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