How do I make sure the title is being changed into the correct name(s)? – North Carolina

Short Answer

In North Carolina, the most reliable way to confirm a title change is correct is to verify what was actually recorded in the county land records and make sure the deed (or other recorded instrument) lists the correct owner name(s) and ownership wording. If something is wrong, the fix depends on whether it is a minor typo or a meaningful ownership error—minor errors may be addressed with a recorded corrective notice affidavit, while bigger issues often require a corrected deed or a court-ordered correction.

Understanding the Problem

In a North Carolina real estate matter, “making sure the title is being changed into the correct name(s)” usually means confirming that the recorded document that transfers ownership lists the intended owner name(s) exactly as intended and that the county’s land records index reflects those names. The decision point is whether the recorded paperwork matches the intended owner name(s) and ownership setup (for example, one owner versus two owners, or an individual versus a trust or business). If there is a mismatch, the next question becomes what type of correction process applies to the specific kind of mistake.

Apply the Law

In North Carolina, ownership changes are typically reflected through a deed recorded with the county Register of Deeds. The Register of Deeds generally checks that required proof/acknowledgment appears to be present for recordable instruments, but the office is not responsible for guaranteeing the legal correctness of the document’s content. When an error is discovered after recording, North Carolina law provides tools that may help give notice of minor, nonmaterial errors and procedures to correct certain recording errors through the Clerk of Superior Court.

Key Requirements

Correct owner identification: The recorded instrument should state the correct legal name(s) of the new owner(s) and match the intended capacity (individual, trustee, business entity, etc.).
Recordable execution and acknowledgment: For deeds and many title instruments, the document must appear to be properly signed and acknowledged before an authorized officer (often a notary) so it can be recorded.
Proper recording and indexing: The instrument must be recorded in the correct county Register of Deeds office and indexed so the owner name(s) can be found in the public land records.

What the Statutes Say

N.C. Gen. Stat. § 47-14 (Register of deeds to verify proof/acknowledgement; rerecording) – Describes what the Register of Deeds must verify before accepting many instruments for recording and addresses rerecording.
N.C. Gen. Stat. § 47-36.1 (Corrective notice affidavit for nonmaterial errors) – Allows recording a corrective notice (often called a scrivener’s affidavit) to give notice of certain minor, nonmaterial errors.
N.C. Gen. Stat. § 47-36 (Petition to clerk to correct errors in registration) – Provides a process to petition the Clerk of Superior Court to correct certain errors in the registration record, with notice requirements.
N.C. Gen. Stat. § 105-317.2 (Deed transfer information; names and mailing addresses) – Requires specific transfer information (including grantor/grantee names) to be included in deeds, while stating that noncompliance does not affect validity of a duly recorded deed.

Analysis

Apply the Rule to the Facts: Here, a recent email mentions a “change of title,” and there is a concern about whether the title is changing into the correct name(s). The practical check is to compare the intended owner name(s) (as they should appear on the deed) to the owner name(s) shown on the recorded deed and in the county’s index. If the issue is a small typo that does not change anyone’s rights, a corrective notice affidavit may be an option; if the issue changes who owns the property or how they own it, a corrected deed or other formal correction step is usually needed.

Process & Timing

Who checks first: the party concerned about the title change (often through the closing attorney). Where: the county Register of Deeds where the property is located. What: obtain the recorded deed (and any corrective filings) and confirm the grantee/owner name(s) and indexing match the intended ownership. When: as soon as the issue is noticed, because later transactions can become harder if the public record is unclear.
If the problem is minor: consider whether a recorded corrective notice affidavit fits the situation (North Carolina limits this to nonmaterial typographical or other minor errors). Record it with the Register of Deeds so the public record shows the correction notice as of the time it is recorded.
If the problem is material or the index itself is wrong: the fix may require a corrected deed signed and acknowledged by the proper party(ies), or a petition process to the Clerk of Superior Court to correct certain registration errors. The correct path depends on what is wrong (name spelling versus wrong person/entity versus wrong ownership structure) and what documents are available to fix it.

Exceptions & Pitfalls

“Minor” versus “material” errors: North Carolina’s corrective notice affidavit process is aimed at nonmaterial errors; if the correction would change anyone’s rights (for example, changing the actual owner), a different fix is usually required.
Indexing versus document content: Sometimes the deed is correct but the indexing makes it hard to find; other times the deed itself is wrong. The solution depends on which problem exists.
Relying on an email summary: A message about a “title change” may not match what was recorded. The recorded instrument controls what the public record shows.
Entity/trust capacity issues: If title should be in a trust or business name (or in a trustee capacity), small wording differences can create confusion later. These issues often require careful correction rather than a quick typo fix.
Notary/acknowledgment problems: If the instrument was not properly acknowledged, recording and later correction can become more complicated, and the best next step may involve re-execution or other corrective steps consistent with North Carolina recording requirements.

Conclusion

In North Carolina, confirming a title change is correct starts with the recorded deed and the county Register of Deeds index: the new owner name(s) and ownership setup should match what was intended. If the issue is a nonmaterial typo, a recorded corrective notice affidavit may be appropriate; if the issue changes ownership rights, a corrected deed or a court-ordered correction may be needed. The most important next step is to obtain the recorded instrument from the Register of Deeds and review the grantee/owner name(s) promptly.

Talk to a Real Estate Attorney

If there is a concern that a North Carolina title change may have been recorded under the wrong name(s) or with the wrong ownership wording, a real estate attorney can help confirm what the public record shows and identify the cleanest way to correct it. 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.