Real Estate Q&A Series

After the deed is signed, what steps do I take to record it and update the title records? – North Carolina

Short Answer

In North Carolina, a signed deed does not update the public title records until it is recorded with the Register of Deeds in the county where the property is located. Recording typically requires a properly notarized acknowledgment, payment of any required deed excise tax (or confirmation of an exemption), and meeting county formatting and tax-certification rules. After recording, the Register of Deeds indexes the deed, which is what most people mean by “updating the title records.”

Understanding the Problem

After a former spouse signs a quitclaim deed in North Carolina, what steps must be completed to get the deed accepted by the county Register of Deeds and reflected in the county’s public ownership index? The decision point is whether the signed deed is recordable as-is (properly acknowledged and compliant) or whether it needs corrections, tax certification, or transfer-tax handling before it can be recorded.

Apply the Law

In North Carolina, deeds are recorded in the office of the Register of Deeds for the county where the real estate is located. As a practical matter, recording is what puts the deed into the public land records and allows the Register of Deeds to index it under the grantor and grantee names. A Register of Deeds generally will not accept a deed that requires acknowledgment unless the deed shows an acknowledgment taken by an authorized official (commonly a notary) and the notarial certificate appears complete on its face.

Key Requirements

  • Recordable execution (acknowledgment/proof): The deed must show a proper acknowledgment (usually notarization) by an official authorized to take acknowledgments in North Carolina.
  • Recording submission in the correct county: The deed must be presented to the Register of Deeds in the county where the property sits, along with required fees and any county-required certifications.
  • Transfer-tax handling and deed information: The deed generally triggers deed excise tax based on consideration/value unless an exemption applies, and the deed should include required transfer-reporting information (such as names and mailing addresses) even though missing information usually does not invalidate a recorded deed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the former spouse is willing to sign a quitclaim deed to transfer the property into the client’s name. To “update the title records,” the deed must be recordable (properly notarized/acknowledged) and then recorded with the Register of Deeds in the county where the property is located. If the deed is missing a complete notary acknowledgment, required transfer information, deed excise tax handling, or a county-required tax certification, the Register of Deeds may reject it until corrected.

Process & Timing

  1. Who files: Typically the grantee (the person receiving the property) or a closing professional. Where: The Register of Deeds in the North Carolina county where the property is located. What: The original signed deed with a complete notary acknowledgment, plus any county cover sheets/certifications the office requires, and recording fees. When: As soon as practical after signing, because recording is what places the deed in the public record and helps avoid later priority disputes.
  2. Pay deed excise tax or confirm an exemption: Before the Register of Deeds records the deed, the office typically collects deed excise tax based on the consideration/value stated or otherwise reported, unless the transfer qualifies for an exemption. Transfers connected to divorce or separation can be treated differently depending on how the deed is structured and what the underlying agreement/order says, so the deed language and circumstances matter.
  3. Confirm indexing and obtain a recorded copy: After recording, the Register of Deeds assigns book/page (or instrument number) and indexes the deed under the grantor and grantee names. A certified or recorded copy should be obtained for records, and the county tax office and mortgage servicer (if any) may need notice of the ownership change for billing and escrow purposes.

Exceptions & Pitfalls

  • Notary/acknowledgment defects: Missing commission expiration date, missing notary signature, or an incomplete notarial certificate can lead to rejection under the Register of Deeds’ verification duties.
  • County tax certification rules: In many counties, the Register of Deeds may require a tax collector certification showing no delinquent taxes (or an attorney-supervised closing statement that fits the statutory exception) before accepting the deed for recording.
  • Deed excise tax surprises: Even a quitclaim deed can trigger deed excise tax unless an exemption applies. Incorrect consideration/value reporting can delay recording or create later cleanup work.
  • Mortgage and title issues: A deed transfer does not automatically remove a former spouse from a mortgage note, and it does not fix prior title defects. If the property is mortgaged, lender consent and refinance/assumption issues may still exist even after recording.

Conclusion

In North Carolina, the practical way to “update the title records” after a quitclaim deed is signed is to record the deed with the Register of Deeds in the county where the property is located. Recording usually requires a complete notary acknowledgment, payment (or proper handling) of deed excise tax, and compliance with any county tax-certification requirement. The next step is to submit the original notarized deed to the correct Register of Deeds for recording as soon as practical after signing.

Talk to a Real Estate Attorney

If a former spouse is signing a quitclaim deed and the goal is to get the county records updated without delays or rejections, a real estate attorney can help confirm the deed language, recording requirements, and any deed excise tax or county certification issues. 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.