Cancelling Recorded Documents

Deeds of Trust/Mortgages or Security Instrument can be satisfied on the record with a simple instrument “Letter of Satisfaction” prepared and signed by the secured creditor or trustee and acknowledged. Upon presentation of this instrument, the Register records it.

Law

Under North Carolina law effective October 1, 2011, this is the only method permissible to satisfy these securities. Presentation of “Paid In Full” Promissory Notes, etc can no longer be filed as Cancellations.

Attorney Information

Borrowers’ attorneys can prepare and record affidavits of satisfaction when secured creditors fail to provide satisfactions. The affidavit must be acknowledged. Upon presentation of this instrument, the Register records it.

Examples of Forms

  • Secured Creditor: G.S.45-36.10; G.S.45-37(a)(7)
  • Trustee: G.S.45-36.20; G.S.45-37(a)(7)
  • Affidavit: G.S.45-36.17

Fees

There is no fee for recording cancellation documents.