What happens if the county recorder rejects the deed because the notarization or power of attorney paperwork isn’t accepted? – North Carolina

Short Answer

In North Carolina, if the register of deeds rejects a deed for a notarization or power of attorney (POA) issue, the deed does not get recorded, and the title records do not change. The fix usually depends on whether the problem is a “technical defect” in the notarial certificate (which the register of deeds generally cannot use as a reason to refuse recording) or a missing/incorrect POA recording reference (which often can be corrected by recording the POA properly and re-submitting the deed with the correct book/page/county reference). The practical result is delay until the paperwork matches North Carolina recording rules.

Understanding the Problem

In North Carolina real estate, can a deed be recorded to remove an ex-spouse from title when the ex-spouse signs through an agent under a recorded power of attorney, and what happens if the register of deeds will not accept the deed because the notarization or the power of attorney paperwork is not accepted? The decision point is whether the rejection is based on a fixable recording requirement versus a notary/POA problem that requires re-execution or additional documentation before the deed can be recorded.

Apply the Law

North Carolina uses the county register of deeds (sometimes called the “county recorder” in other states) to record deeds and related documents. If a deed is rejected, it is not registered, so it does not appear in the public chain of title as a recorded transfer. When a deed is signed by an agent under a power of attorney, North Carolina requires the power of attorney (or a certified copy) to be recorded, and the deed generally must include specific recording reference information (book/page/county) for that power of attorney if the deed is recorded in a different county than the POA. North Carolina also has a rule that “technical defects” in notarial certificates generally do not make the instrument invalid and generally should not be used as a reason for the register of deeds to refuse recording, although certain baseline registration requirements still must be met.

Key Requirements

Recordable deed package: The deed and its probate/notarial certificate must meet North Carolina’s minimum recording requirements so the register of deeds can accept it for registration.
Proper POA recording and cross-reference: If an agent signs the deed under a POA, the POA (or a certified copy) must be recorded as required, and the deed should reference where the POA is recorded (book/page/county), especially when the deed is recorded in a different county than the POA.
Fix the rejection reason and re-submit: If the register of deeds rejects the deed, the usual next step is to correct the stated deficiency (notary certificate issue, missing POA reference, missing POA recordation, or other registration requirement) and then re-submit the deed for recording.

What the Statutes Say

N.C. Gen. Stat. § 47-28 (Powers of attorney affecting real property) – Requires recording the POA (or a certified copy) before a transfer signed by an agent, and requires the deed to include the POA’s recording information in common multi-county situations; noncompliance generally does not invalidate the deed but can create recording and compliance problems.
N.C. Gen. Stat. § 47-41.2 (Technical defects) – Provides that technical defects and certain errors/omissions in notarial certificates generally do not affect validity, and states that a register of deeds generally may not refuse registration solely because of those technical defects, while preserving separate baseline registration requirements.

Analysis

Apply the Rule to the Facts: The goal is to record a new deed that removes an ex-spouse from title, and the ex-spouse is willing to be removed. Because the ex-spouse previously signed a power of attorney that has been recorded, the deed can be signed by an agent if the agent’s authority covers the transaction and the deed properly references the recorded POA (including the correct book/page/county information when required). If the register of deeds rejects the deed, the title records will not update until the rejection reason is corrected and the deed is accepted for recording.

Process & Timing

Who files: The party seeking to record the deed (often through counsel or a closing professional). Where: The North Carolina county register of deeds where the property is located. What: The signed deed for recording, plus any required supporting items (often including a recorded POA reference on the deed, and sometimes a certified copy of the POA if the office requests it for review). When: After the deed is properly executed and notarized, and after the POA is recorded (or confirmed recorded) with correct reference information.
If rejected: The register of deeds typically provides a rejection reason (for example, a notarial certificate problem, a missing POA recording reference, or a mismatch between the county of recording and the POA reference). The next step is to correct that specific issue, which may mean re-notarizing/re-executing the deed, recording the POA (or a certified copy) in the proper county, or updating the deed to include the correct book/page/county reference to the POA.
Re-submit and confirm recording: After correction, the deed is re-submitted. Once accepted, the register of deeds assigns recording information (book/page or instrument number), and the public record then reflects the updated deed.

Exceptions & Pitfalls

“Technical defect” versus “recording requirement”: North Carolina law treats many notary-certificate mistakes as technical defects that generally should not be used to refuse recording, but that protection does not cover every missing requirement. If the problem is a baseline registration requirement, the register of deeds can still reject the deed until it complies.
POA recorded, but not properly referenced: Even when a POA is already recorded, the deed may still be rejected if it does not specifically reference the POA’s recording information (book/page/county) in the way required for the county where the deed is being recorded.
POA scope and execution issues: A register of deeds may question whether the POA is the right type, properly certified, or clearly authorizes the agent to sign the deed. If the POA is outdated, unclear, or not governed/recognized as required for North Carolina real property transfers, the safer fix may involve a new deed signed directly by the ex-spouse with a fresh notarization.
County-to-county variation: Recording offices can differ in how they flag issues and what they request to clear a rejection. A correction that works in one county may need small adjustments in another.

Conclusion

If the North Carolina register of deeds rejects a deed due to a notarization or power of attorney issue, the deed is not recorded and the public title record does not update. North Carolina generally requires a POA (or certified copy) to be recorded for an agent-signed real estate transfer and often requires the deed to reference the POA’s recording information (book/page/county). The next step is to correct the stated defect and re-submit the deed to the county register of deeds as soon as possible.

Talk to a Real Estate Attorney

If you’re dealing with a rejected deed because the notarization or power of attorney paperwork was not accepted, our firm has experienced attorneys who can help you understand your options and timelines. 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.