How do I get the mortgage or loan paperwork and closing documents to confirm what was actually purchased? – North Carolina

Short Answer

In North Carolina, the fastest way to confirm what was actually purchased is to pull the recorded deed and any recorded deed of trust (mortgage) from the county Register of Deeds, because those documents show who took title and what property was pledged as collateral. If the transaction happened through a partition sale, the partition court file (typically handled by the Clerk of Superior Court) will also show what the court confirmed and what title the purchaser received. If loan and closing paperwork has not been provided, it can often be requested from the closing attorney, the lender/servicer, and the title/settlement file, and sometimes obtained through the partition case process.

Understanding the Problem

In a North Carolina co-ownership situation, a common dispute is whether one co-owner “bought the whole property” even though another co-owner did not sign a deed transferring their ownership interest. The decision point is how to confirm, from reliable documents, what interest in the property was actually conveyed at closing and what the loan was secured by. This question focuses on obtaining the mortgage or loan paperwork and the closing documents that match the transaction, so the recorded title documents and the closing file can be compared to what a co-owner claims happened.

Apply the Law

Under North Carolina practice, the most dependable proof of what was purchased is found in public land records (the recorded deed and any recorded deed of trust) and, if the purchase occurred through a partition sale, the partition court record and the deed issued after confirmation. In a partition sale, the court’s confirmation and the deed delivered after the confirmation becomes final control what title the purchaser receives from the co-owners who were parties to the proceeding. Timing can matter because partition sale confirmation orders become final after a short waiting period, and challenges must be raised quickly.

Key Requirements

Confirm the recorded title transfer: Identify the recorded deed that states the grantor(s), grantee(s), legal description, and the interest conveyed.
Confirm the recorded loan security: Identify any recorded deed of trust that shows the borrower(s), lender/beneficiary, trustee, and the property used as collateral.
Check whether a partition sale controlled the transfer: If the property changed hands through a partition case, confirm the order of confirmation and the deed issued after confirmation, because that deed conveys the title the parties to the case had.

What the Statutes Say

N.C. Gen. Stat. § 46A-85 (Order becoming final; appeal; purchase of property) – Explains when a partition sale confirmation becomes final, the appeal timing, and that the deed after confirmation conveys the title the cotenants and other parties had.
N.C. Gen. Stat. § 46A-83 (Petition for revocation of confirmation order) – Allows a party (or purchaser) to seek revocation of a confirmation order within a short window on specific grounds, including certain notice problems or an inadequate and inequitable bid.

Analysis

Apply the Rule to the Facts: The dispute described involves a co-owner claiming to have purchased the entire property even though another co-owner did not sign away their interest. The first step is to confirm the recorded deed and any recorded deed of trust to see who actually took title and who signed the loan documents. If the transaction was connected to a partition sale, the partition file and the deed issued after confirmation matter because North Carolina law ties the purchaser’s title to what the court confirmed and what the parties to the proceeding owned.

Process & Timing

Who pulls records: Any interested person. Where: The county Register of Deeds where the property is located (public land records). What: Recorded deed, recorded deed of trust (mortgage), and any recorded assignments or releases tied to the loan. When: As soon as there is a dispute about what was purchased or who is on the loan.
If a partition sale may be involved: Check the partition case file maintained by the Clerk of Superior Court to locate the order confirming the sale and the deed issued after confirmation. When: Immediately, because partition sale confirmation orders can become final quickly and the window to challenge confirmation is short.
Request the non-recorded closing file: Ask the closing attorney/settlement agent for the closing package (often includes the settlement statement/closing disclosure, deed, deed of trust, note, and any affidavits). Separately, request the loan file from the lender or current loan servicer (often includes the note, deed of trust, and payment history). When: Promptly, because some providers take time to respond and document retention can vary.

Exceptions & Pitfalls

Recorded documents may not match what someone “thought” they bought: A person can believe they purchased the whole property, but the recorded deed may show a partial interest, a different legal description, or a different grantee name.
Loan paperwork does not equal ownership: A deed of trust can show who pledged the property as collateral, but title is determined by the deed (or, in a partition sale, the deed issued after confirmation).
Partition timing traps: If the transfer happened through a partition sale, waiting too long can forfeit options to challenge confirmation, especially where notice issues or an inadequate and inequitable bid are alleged.
Notice and service issues: In partition proceedings, notice problems can matter. If a party was not properly served or did not receive required mailed notice of sale, that may affect available remedies, but the facts and timing are critical.
Incomplete requests: Requests that do not include the property address, borrower name(s), approximate closing date, and document list often delay responses from lenders/servicers and closing file custodians.

Conclusion

In North Carolina, the most reliable way to confirm what was actually purchased is to obtain the recorded deed and any recorded deed of trust from the county Register of Deeds and compare them to the closing file and loan file. If the purchase happened through a partition sale, the Clerk of Superior Court’s partition file and the deed issued after the confirmation becomes final control what title the purchaser received. The key next step is to pull the recorded deed and deed of trust immediately, and if a partition sale is involved, act within 15 days of the confirmation order to preserve revocation options.

Talk to a Partition Action Attorney

If a co-owner claims they bought the entire property and the recorded documents or closing paperwork do not line up, a partition action attorney can help identify the controlling records, check the partition court file, and evaluate deadlines that may apply. 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.