Short Answer

In North Carolina, you generally fix a wrong legal description by filing a civil action in Superior Court to quiet title and, if needed, reform the deed. Before suing, check with the Clerk’s office in the original foreclosure file to see if the commissioner can issue a corrective deed for a clerical mistake. If court action is required, you file a verified complaint, record a lis pendens, name all necessary parties, and prove the correct description (often with a survey).

Understanding the Problem

You are asking whether you can file a quiet title action in North Carolina when a commissioner’s deed from a county foreclosure names your client as grantee but the legal description does not match the property. The key decision is whether the Clerk’s office that handled the foreclosure can correct a clerical error in that file or whether you must file a new Superior Court action to quiet title and reform the deed.

Apply the Law

Under North Carolina law, title defects from an incorrect legal description are typically addressed through: (1) a motion in the original case to correct a clerical error (if the error arose in that proceeding); or (2) a new civil action in Superior Court to quiet title and/or reform the instrument. Quiet title actions ask the court to remove clouds and confirm the owner’s title; reformation corrects a mistaken description to reflect the parties’ true intent. The case is filed in the county where the land lies, and a lis pendens is recorded to give notice. Unknown or hard-to-find interested parties can be served by publication, and the court may appoint a guardian ad litem for unknown persons.

Key Requirements

• Standing/ownership: The plaintiff must claim an interest in the property (e.g., grantee under the commissioner’s deed).
• Cloud on title: Identify the defect (mismatched or erroneous legal description) and how it clouds or injures the title.
• Proper forum and notice: File in Superior Court where the property sits; record a lis pendens to alert the public to the dispute.
• Necessary parties and service: Join those who may claim an interest (prior owner, commissioner/trustee, lienholders, adjoining owners if boundary is implicated); use personal service or publication if necessary.
• Proof to cure: Provide reliable evidence of the correct description (survey, prior deeds, maps) and seek reformation or declaratory relief as appropriate.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Action to quiet title) – Authorizes actions to remove clouds and determine title.
• North Carolina Gen. Stat. § 1-116 (Lis pendens) – Record notice of the pending action affecting real property.
• North Carolina Gen. Stat. § 1-253 (Declaratory judgment) – Allows courts to declare rights under deeds or other writings.

Analysis

Apply the Rule to the Facts: Your client holds a commissioner’s deed from a county foreclosure but the legal description is wrong. First, determine if the error is clerical in the foreclosure file; if so, ask the issuing office to seek a corrective commissioner’s deed in that special proceeding. If the error is substantive or cannot be corrected there, file in Superior Court where the land is located, record a lis pendens, and plead quiet title and reformation, joining the commissioner/trustee, prior owner, and any lienholders. Use a current survey and chain documents to prove the correct description.

Process & Timing

1. Who files: The record owner/grantee (your client). Where: Superior Court in the North Carolina county where the property lies. What: Verified Complaint for Quiet Title and Reformation, Civil Summons (AOC-CV-100), and a recorded Notice of Lis Pendens. When: File the complaint and record the lis pendens the same day to protect against intervening transfers.
2. Serve all necessary parties (prior owner, commissioner/trustee, lienholders, any person claiming an interest). If a party is unknown or cannot be located after due diligence, complete service by publication and request appointment of a guardian ad litem for unknown persons. County timelines vary; publication typically spans three consecutive weeks.
3. Develop proof: obtain a survey, copies of prior deeds and maps, and affidavits from knowledgeable parties. Seek judgment quieting title and reforming the description. Upon entry, record the judgment in the Register of Deeds to cure title.

Exceptions & Pitfalls

• Clerical vs. substantive error: If the mistake arose within the foreclosure proceeding and is clerical, a corrective commissioner’s deed in that file may be faster than a new lawsuit.
• Missing parties: Failing to join prior owners, commissioners/trustees, or lienholders can leave the cloud unresolved.
• Service traps: Use publication and request a guardian ad litem when owners are unknown or cannot be found after due diligence; improper service can derail a final judgment.
• Proof gaps: Boundary or call errors usually need a current survey; do not rely on ambiguous metes and bounds alone.
• Register of Deeds limits: Recording staff cannot “fix” a deed; corrections require a corrective instrument or a court order.

Talk to a Partition Action Attorney

If you’re dealing with a wrong legal description on a commissioner’s deed from a foreclosure, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.