Real Estate Q&A Series

What documents do I need to provide to complete a title change? – North Carolina

Short Answer

In North Carolina, a “title change” for real estate is usually completed by preparing and recording a deed (or, for minor errors, a corrective notice affidavit) with the county Register of Deeds. The core documents typically include the new deed (signed and notarized), the prior deed reference (book/page or instrument number), and any required transfer tax information and recording fees. The exact paperwork can change depending on why title is changing (sale, gift, divorce, inheritance, or correcting an error).

Understanding the Problem

What documents are needed to complete a title change in North Carolina real estate depends on what is being changed and why. The key decision point is whether the change requires a new deed to be recorded in the county Register of Deeds, or whether the issue is a minor recording or typographical error that can be addressed with a corrective filing. This question focuses on the paperwork commonly required to get the title change accepted for recording and reflected in the public land records.

Apply the Law

North Carolina generally updates real estate title through recorded instruments in the county Register of Deeds where the property is located. Most title changes require a deed that is properly executed and acknowledged (notarized). If the issue is a nonmaterial typo or minor error in a recorded instrument, North Carolina law allows notice of that type of error to be recorded through a corrective notice affidavit, sometimes called a scrivener’s affidavit, instead of changing the original record.

Key Requirements

  • A recordable instrument: Usually a new deed (for an ownership change) or a corrective notice affidavit (for certain minor errors) that the Register of Deeds can accept and index.
  • Proper execution and notarization: Deeds generally must be signed by the grantor(s) and include a proper notarial acknowledgment so the document can be recorded.
  • Transfer tax and deed information: If the deed conveys an interest to another person, the presenter must report excise tax due (if any), and the deed must include certain transfer-reporting information such as names and mailing addresses.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts indicate a recent email about a change of title and a need to discuss a problem connected to that change. In North Carolina, the documents needed usually turn on whether the title change is an actual ownership transfer (which typically requires a new deed signed and notarized for recording) or a correction to a recorded document (which may be handled by a corrective notice affidavit for minor errors). If the change involves conveying an interest to another person, the recording package commonly also needs excise tax reporting/payment and the deed’s required transfer-reporting information.

Process & Timing

  1. Who files: Typically the closing attorney or the party presenting the document for recording. Where: The Register of Deeds in the North Carolina county where the property is located. What: A recordable deed (or, for certain minor errors, a corrective notice affidavit) with proper notarization, plus any county-required cover sheets or submission forms and payment for recording fees and any excise tax due. When: As soon as the deed or corrective document is properly executed; delays can create title and refinancing problems.
  2. Recording review: The Register of Deeds reviews for recordability (format, notarization, required information, and tax/fee payment). If something is missing (common issues include incomplete notary blocks or missing addresses), the document may be rejected for recording until corrected.
  3. After recording: The Register of Deeds indexes the instrument in the public records and returns the recorded document (often electronically) showing book/page or instrument number. That recorded reference becomes the proof of the completed title change.

Exceptions & Pitfalls

  • “Title change” does not always mean “new owner”: A lender payoff, a deed of trust release, or a name correction may involve different documents than a deed that transfers ownership.
  • Minor error vs. material change: A corrective notice affidavit under North Carolina law is aimed at nonmaterial typos or minor errors. If the change affects parties’ rights (for example, changing who owns the property or changing the legal description in a meaningful way), a new corrective deed or other formal instrument may be required instead of (or in addition to) an affidavit.
  • Notarization problems: Missing or defective acknowledgments are a common reason for rejection. Deeds generally need a proper notarial acknowledgment to be recorded.
  • Excise tax reporting/payment: If the instrument conveys an interest in real property, the presenter must report the correct excise tax due and pay it before recording (even when the consideration is not a typical “sale price,” depending on the transaction).
  • Missing transfer-reporting information: North Carolina requires certain information (including names and mailing addresses of grantors and grantees) in deeds conveying property. Missing information can slow recording and can also create downstream title issues.

Conclusion

In North Carolina, completing a real estate title change usually requires a recordable deed (or, for certain minor errors, a corrective notice affidavit) filed with the county Register of Deeds where the property is located. The key documents typically include the signed and notarized instrument, the prior deed recording reference, and any required excise tax reporting/payment and transfer-reporting information. The most important next step is to file the properly executed document with the Register of Deeds promptly after it is signed.

Talk to a Real Estate Attorney

If a title change email raised questions or a recording issue, our firm has experienced attorneys who can help clarify what documents are needed, what can be corrected, and what must be re-signed and re-recorded. 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.