North Carolina Amends its Real Property Statutes

On June 25, 2018, North Carolina Governor Roy Cooper signed into law a bill, North Carolina H.B. 852 (HB 852), which clarifies the fee for recording subsequent instruments related to mortgages or deeds of trust and regulates the solicitation of a fee for providing copies of recorded instruments.  These provisions went into effect on October 1, 2018.

In North Carolina, the fee for filing a deed of trust or mortgage is $64 for the first 35 pages and $4 for each additional page.  There is no fee for recording records of satisfaction or the cancellation of record of deeds of trust or mortgages.  Pursuant to HB 852, for all other instruments that relate to a previously recorded deed of trust or mortgage, the fee for filling such instruments is $26.00 for the first 15 pages and $4.00 for each additional page.

This bill also creates a new section in Chapter 75 of the North Carolina General Statutes to regulate the solicitation of a fee for providing copies of recorded instruments.  Pursuant to HB 852, any person, firm, or corporation soliciting a fee in exchange for providing a copy of a record available at the register of deeds office must state on the top of the document used for the solicitation, in conspicuous type, all of the following: (1) that the solicitation is not from a North Carolina agency or a local unit of government; (2) that no action is legally required by the person being solicited; (3) the fee for obtaining a copy of the record directly from the register of deeds that has custody of the record; (4) the information necessary to contact the register of deeds that has custody of the record; and (5) the name and physical address of the person, firm, or corporation soliciting the fee.  Moreover, a person, firm, or corporation soliciting a fee in exchange for providing a copy of a record may not charge a fee that is greater than 4 times the amount the register of deeds with custody of the record would charge for a copy of the same record.  As used in this bill, the term “solicit” means to advertise or market to a nonbusiness entity with whom the solicitor has no preexisting business relationship.

A copy of HB 852 can be found at: https://www.ncleg.net/Sessions/2017/Bills/House/PDF/H852v5.pdf.