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How can I get my deed of trust cancelled of record? |
| Typically there are three ways to cancel a deed of trust of record. Cancellation by Exhibition - The presentation to the Register of Deeds of both the original deed of trust and the original promissory note. Both must be endorsed by any officer of the lender (beneficiary) with the name of the lender and the date of satisfaction. The signature portion of the endorsement of payment and satisfaction must be followed by the printed, typed or stamped name of the endorser and their capacity (title). Certificate of Satisfaction - This is used when either the original deed of trust or both deed of trust and promissory note are missing. This is executed by the lender (beneficiary) and takes the place of the original deed of trust. If the original note is available, the note must be marked paid and satisfied as discussed in cancellation by exhibition. The date of satisfaction recited in the certificate of satisfaction must be the same as the date of satisfaction on the promissory note. The certificate of satisfaction must be properly signed and notarized. If the original promissory note is lost, an affidavit of lost note must accompany the certificate of satisfaction. Notice of Satisfaction - This is executed by the trustee or the substitute trustee. The notice of satisfaction must be properly notarized. THERE IS NO FEE FOR PROCESSING A CANCELLATION. |
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What are the specific criteria of the new document standards? |
| The recording standards provided for in G.S. 161-14(b) are effective for all instruments EXECUTED ON OR AFTER JULY 1, 2002. After this date, any instrument presented for registration must meet the following requirements: Presented on 8 1/2" x 11" or 8 1/2" x 14" paper Has a blank margin at top of first page of 3" and 1/2" on remaining sides of the first page and all sides of subsequent pages. Be typed or printed in black on white paper in a legible font that is not smaller than 10 points in size Is printed in single-sided pages Indicates the type of instrument at the top of the first page The new requirements permit blanks to be filled in and corrections to be made by hand in pen. If a document executed on or after July 1, 2002 does not meet the new standards, can the document still be recorded? Yes, however, the Register of Deeds will collect a new $25.00 fee for filing a "nonstandard document." This fee will be in addition to the filing fee for the actual recording. The National Standard Form for Uniform Commercial Code (UCC) will be excepted from the "nonstandard document" fee. |
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How do I record a business name under an assumed name? |
| You may complete and record a Certificate of Assumed Name. You must complete the appropriate form: Certificate of Assumed Name of a Sole Proprietorship, Partnership, Limited Partnership OR a Certificate of Assumed Name for a Corporation. The recording fee for either instrument is $14.00 for the first page plus $3.00 for each additional page. |
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What is the recording fee of a deed of trust? |
| The filing fee is $14.00 for the first page plus $3.00 for each additional page. In the case of a re-recording or a certified copy of a deed of trust presented for recording, the filing fee is reduced by the $2.00 verification fee. |
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What is the recording fee of a deed? |
| The filing fee is $14.00 for the first page plus $3.00 for each additional page. In addition, excise tax must be included with the filing fee. In the case of a re-recording or a certified copy of a deed presented for recording, the filing fee is reduced by the $2.00 verification fee. |
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How do I calculate excise tax? |
| The calculation of excise tax is $1.00 per each $500.00 or a fractional part thereof of the purchase price or value of the property if a trade is negotiated. |
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What are the requirements for recordation of a deed or deed of trust? |
| The name of the draftsman must appear on the first page of the document. This must be either a law firm or an individual's name. This should be prefaced with the words "Prepared by" or Drawn by". In addition, the first page should contain the name of the person to whom the instrument is to be returned. This should be prefaced with the words "Return to". If you are recording a gift deed, this must be stated on the first page. If the deed is not a gift, you must declare and pay excise tax consideration. The excise tax must be noted on the first page of the deed. Instruments must be properly signed and notarized. |
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How do I renew my notary and what is the cost? |
| The fee for administering the oath is $10.00. You may download the Application for Reappointment as a North Carolina Notary Public from the Secretary of State's website at http://www.state.nc.us/secstate Click on Notary Public Section and scroll down to Notary Forms. |
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How do I change my name and/or address? |
| N.C. Gen. Stat. 10A-13(b) states that within 30 days after changing names, a notary shall notify the Secretary of State of the change by submitting a name/address change form. If the county changes due to the address change, the notary may continue to use the seal or stamp for the previous county of commission and at the time of expiration re-apply for the county of residence. There is no fee to the Secretary of State for these changes. Once you receive notice from the Secretary of State that the change has been processed, you must come to Wilkes County Register of Deeds office to be sworn in. The fee for administering the oath is $10.00. You may downloand the Application of North Carolina Notary Public Change of Name/Address from the Secretary of State's website http://www.state.nc.us/secstate |
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How do I become a Notary Public? |
| The Wilkes Community College offers the notary class that is required prior to submission of your initial appointment application. You will receive your initial appointment application from the notary instructor. Class schedules are available from Wilkes Community College at (336) 838-6100. |
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When was the Uniform Commercial Code revised? |
| The Uniform Commercial Code Article 9 was revised effective July 1, 2001. The major changes are that only the financial statements that will be filed in the local Register of Deeds office are those in which the collateral is as-extracted collateral, timber to be cut, or fixtures. In addition, the filing fees have increased. |
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What types of UCC's are filed at the local Register of Deeds office as a result of Revised Article 9? |
| Financing statements filed locally are an initial financing statement for fixture filings (related to real property) and an amendment (continuation, assignment, termination) of that same record. If a fixture filing financing statement was filed at the local Register of Deeds office prior to July 1, 2001, a termination of that record will also be filed locally. All other financing statements will be filed at the Secretary of State. |
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What are the new filing fees for UCC's? |
| Filing fees for initial financing statements, correction statements, and all amendments, including terminations: One or Two Pages $38.00 Three to ten pages $45.00 Over ten pages $45.00 plus $2.00 per page over ten. Fees for providing information (UCC-11) on UCC's filed before July 1, 2001: $30.00 per name searched; $1.00 per copy provided. |
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Who may obtain a certified copy of my marriage certificate? |
| Other than the parties of the marriage, only the brother/sister, child/step-child or grandchild, parent/step-parent or grandparent, authorized agent, attorney or legal representative is authorized to obtain a certified copy of a marriage certificate. The appropriate form must be completed. |
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How do I obtain a certified copy of my marriage certificate? |
| You must either come in person to our office, or submit a written request. The written request must include the groom's name, the brides name at the time of the marriage, date of marriage and place of marriage. You MUST SIGN your request and give an address where we are to mail the certified copy. The fee for the certified copy must accompany your written request. The request is filled the day we receive it and it goes out in the next business day's mail. |
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Who may obtain a certified copy of a death certificate? |
| Only the current spouse, brother/sister, child/step-child or grandchild, parent/step-parent or grandparent, authorized agent, attorney or legal representative is authorized to obtain a certified copy of a death certificate. The appropriate form must be completed. |
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How do I obtain a certified copy of a death certificate? |
| You must either come in person, or submit a written request. The written request must include name of deceased, date of death, place of death, date of birth, age at time of death and race. You MUST SIGN your request and give an address where we are to mail the certified copy. The fee for the certified copy must accompany your written request. The request is filled the day we receive it and it goes out in the next business day's mail. |
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How do I obtain a certified copy of my birth certificate? |
| You must either come in person to our office with picture identification, or submit a written request. The written request must include full name at birth, date of birth and both parents' names. You MUST SIGN your request and give an address where we are to mail the certified copy. The fee for the certified copy must accompany your written request. The request is filled the day we receive it and it goes out in the next business day's mail. |
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Who may obtain a certified copy of my birth certificate? |
| Only your current spouse, brother/sister, child/step-child or grandchild, parent/step-parent or grandparent, authorized agent, attorney or legal representative is authorized to obtain a certified copy of your birth certificate. The Application for a North Carolina Birth Certificate form completed. |
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