What steps do I need to complete a deed transfer when another firm is involved and I’m waiting on their instructions? – North Carolina

Short Answer

In North Carolina, title is conveyed by a properly signed and notarized deed that is delivered and then recorded in the county Register of Deeds where the property sits. Recording promptly protects priority under the state’s recording statute. When another firm is involved, confirm who is responsible for drafting, signing, tax reporting, and recording. Ensure the deed meets North Carolina instrument standards, pay the transfer (excise) tax and fees, and record without delay. Share any EIN/TIN securely with the settlement agent, not by text.

Understanding the Problem

North Carolina real estate question: can a property owner complete a deed transfer when a second law firm is involved and instructions are pending? The decision point is who will draft the deed, collect signatures with proper notarization, handle any tax reporting, and record the document with the Register of Deeds. The timing trigger is receipt of clear, written direction from the other firm so the deed can be executed and promptly recorded.

Apply the Law

Under North Carolina law, a deed must be properly executed and acknowledged before it can be recorded, and recording in the county where the land lies establishes priority against third parties. The practical forum is the county Register of Deeds. There is no fixed statutory deadline to record, but timing matters: priority generally goes to the first recorded instrument. Transfer (excise) tax and recording fees apply, and counties may have formatting and submission standards that must be satisfied for acceptance.

Key Requirements

• Proper deed and parties: Use a deed form appropriate to the transaction (for example, general warranty, special warranty, or quitclaim). Ensure grantor/grantee names match existing title and IDs.
• Execution and notarization: Grantor signs; a North Carolina-compliant notary acknowledgment is required for recording.
• Recording standards: Include required elements such as a legal description, return address, and preparer name; meet page, font, and margin rules.
• Taxes and fees: Pay the state transfer (excise) tax and recording fees; some counties require additional certifications before recording.
• Register of Deeds filing: Record in the county where the property is located; eRecording may be available.
• Coordination with the other firm: Confirm roles for drafting, signature collection, tax reporting (e.g., Form 1099-S), and who will physically or electronically record.

What the Statutes Say

• North Carolina Gen. Stat. § 47-18 (Recording to protect priority) – A conveyance is not effective against purchasers or lien creditors until recorded in the county where the land lies.
• North Carolina Gen. Stat. § 47-17 (Acknowledgment or proof) – Requires acknowledgment or proof for a deed to be recorded.

Analysis

Apply the Rule to the Facts: Another firm is involved and may be acting as the settlement/recording agent. The deed must still be properly drafted, signed, and notarized, then recorded with the Register of Deeds to protect priority under § 47-18. Because an EIN was mentioned (likely for tax reporting), share it only with the settlement agent through a secure channel. Since email confirmation from the other firm is uncertain, send a concise written request for receipt confirmation and recording instructions so timing to record is not delayed.

Process & Timing

1. Who files: Typically the settlement/closing attorney or the transferring party’s attorney. Where: County Register of Deeds where the property lies in North Carolina. What: Original signed and notarized deed that meets instrument standards, plus transfer (excise) tax and recording fees; any county-required certifications. When: Record as soon as the deed is executed and acknowledged to protect priority.
2. Coordinate with the other firm: request written instructions identifying who drafts the deed, who obtains signatures, who collects the EIN/TIN for tax reporting, and who will record (mail, in-person, or eRecording). Follow up within a short, stated time frame if no response.
3. After recording, obtain the stamped recorded copy and confirm indexing is correct. Provide copies to all parties and update stakeholders (tax office, association, and any lender/servicer) as needed.

Exceptions & Pitfalls

• Name, capacity, or authority mismatches (trusts, LLCs, estates). Verify signatory authority and how title is currently held before drafting.
• Formatting issues (margins, legibility, missing preparer/return info) can cause rejection by the Register of Deeds.
• Tax items: transfer (excise) tax, possible county certifications, and federal 1099-S reporting. Do not send an EIN/TIN by text; use secure transmission to the settlement agent only.
• Incorrect or incomplete legal description, or wrong county for recording, can cloud title.
• Delays in recording risk priority problems under § 47-18 if another instrument records first.

Conclusion

In North Carolina, complete a deed transfer by ensuring the deed is correctly drafted, signed, and notarized, then recorded with the Register of Deeds in the property’s county. Priority generally goes to the first recorded instrument, so prompt recording matters. Next step: send a written request today asking the other firm to confirm receipt and provide recording instructions, and be prepared to file the executed deed with the Register of Deeds immediately after signatures and required taxes/fees are ready.

Talk to a Real Estate Attorney

If you’re dealing with a deed transfer that involves another firm and unclear next steps, 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.