How do I confirm there are no liens or title issues before I buy? – North Carolina

Short Answer

In North Carolina, the standard way to confirm there are no liens or title problems is to hire a North Carolina real estate closing attorney to order a title search and issue a title opinion, then require that any discovered liens be paid off or released at closing. Most buyers also buy owner’s title insurance, which adds protection against many hidden title defects. A final “bring-down” search close to closing helps catch new judgments or filings made after the initial search.

Understanding the Problem

In North Carolina real estate transactions, can a buyer confirm that a seller can legally transfer good title, free of liens and other claims, before the buyer closes? The focus is on identifying recorded liens (like mortgages and judgment liens) and other title issues (like missing heirs, boundary problems, or recorded restrictions) early enough to fix them or decide not to proceed. The key timing issue is that liens can appear between contract signing and closing, so the confirmation process usually includes both an initial search and a last-minute update before the deed is recorded.

Apply the Law

North Carolina follows a public-records system where many interests in land and liens become enforceable against third parties when they are properly recorded or docketed in the right county. In practice, a buyer confirms lien and title status by having a closing attorney examine county records (mainly the Register of Deeds and the Clerk of Superior Court) for a defined “search period,” identify defects or liens that would affect ownership, and then require releases, payoffs, or corrective documents as a condition of closing. Because some risks do not show up clearly in the public records, many buyers also purchase owner’s title insurance based on a title insurance commitment that lists required payoffs and exceptions.

Key Requirements

County-record search: A search of the property’s chain of title in the county Register of Deeds records and related recorded documents that affect ownership.
Lien and judgment checks: A check for common lien sources, including recorded deeds of trust (mortgages), tax liens, and docketed judgments that can attach to a seller’s real property.
Closing conditions and proof of release: If a lien exists, closing normally requires a payoff and a recorded satisfaction/release (or other acceptable proof) so the buyer receives title without that lien.

What the Statutes Say

N.C. Gen. Stat. § 1-234 (Judgment lien; docketing; 10-year period) – A properly docketed judgment becomes a lien on a debtor’s real property in the county where it is docketed, generally lasting 10 years from entry.
N.C. Gen. Stat. § 105-356 (Priority of property tax liens) – Property tax liens attach and generally have priority over other liens and claims on the real property.
N.C. Gen. Stat. § 1-440.33 (Attachment; lis pendens and priority) – Certain pre-judgment attachment and lis pendens filings can create or affect priority of liens against real property when properly docketed.

Analysis

Apply the Rule to the Facts: Here, the buyer wants to purchase North Carolina real estate and avoid taking title subject to other people’s claims. The practical way to do that is to (1) run a county-record title and lien search, (2) identify any recorded judgments, mortgages, taxes, or other encumbrances that attach to the seller or the land, and (3) make the contract and closing contingent on clearing those items through payoffs, releases, or corrective documents. Buying owner’s title insurance can add a second layer of protection for certain defects that a search may not catch.

Process & Timing

Who files: No court filing is required just to “confirm” title; the work is mainly record searches and closing requirements handled by counsel. Where: The county Register of Deeds (deeds, deeds of trust, easements, restrictive covenants, plats) and the county Clerk of Superior Court (judgment docket, some lien-related filings). What: A title search leading to a title opinion and, if purchased, a title insurance commitment and later a policy. When: Usually ordered soon after a contract is signed and updated again right before closing.
Review the results and set clearing requirements: If the search shows a deed of trust payoff, a judgment lien, delinquent taxes, or a recorded notice affecting title (like a lis pendens), the closing attorney typically requires payoffs, releases, or court/recorded documentation before closing can proceed.
Do a final “bring-down” and close: A last-minute update of the title and judgment records helps catch new filings between the earlier search and closing. At closing, payoff funds get disbursed and the deed gets recorded; releases and satisfactions get recorded or tracked so the buyer’s title stays clear.

Exceptions & Pitfalls

Judgment liens are seller-based: A judgment may attach to a seller’s real property in the county once docketed, so a search should include seller-name judgment checks, not just the property address.
Property taxes can outrank other claims: Even if a lender lien exists, property tax liens can have superior priority, so confirming tax status (current and delinquent) matters.
Not every risk is visible in the land records: Boundary disputes, unrecorded easements, unpermitted work, or missing heirs can create problems even when the deed history looks clean; surveys, inspections, and title insurance help manage these risks.
“Free and clear” language is not enough: A contract promise does not remove a lien; clearing usually requires a recorded release, satisfaction, or other document that fixes the record.
Last-minute filings: Without an updated search near closing, a buyer can miss a newly docketed judgment or a recorded notice that affects title.

Conclusion

In North Carolina, confirming there are no liens or title issues usually means hiring a closing attorney to complete a county-record title and lien search, then making closing contingent on clearing any items found (payoffs and recorded releases). Judgment liens can attach once docketed, and property tax liens can have strong priority, so both checks matter. The most important next step is to order the title search early and schedule a final bring-down search immediately before closing.

Talk to a Real Estate Attorney

If a buyer is dealing with a potential purchase and wants to confirm there are no liens or title problems before closing, an attorney can help explain the title search results, clearing requirements, and timing risks. Although this firm does not handle property listings or sales, it can often help with legal guidance that overlaps with probate-related title questions and can also help identify the right type of closing counsel to contact. Call 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.