Short Answer

In North Carolina, a forged or unauthorized deed is void, but the Register of Deeds will not remove it without a court order. To clear the title, you typically file a civil action in the county where the land sits to quiet title and set aside the forged document, and record a lis pendens to warn buyers. Clerical mistakes or name/date errors may be fixed by a corrective instrument or a recorded affidavit clarifying identity; outright fraud requires a court order.

Understanding the Problem

You want to know how, under North Carolina real estate law, you can remove a forged deed and correct wrong personal details shown in county land records. The key decision is whether the issue is a simple clerical mistake (spelling, middle name, birth date) or a fraudulent filing. Here, your sister recorded a petition and deed using your name and birth date without your knowledge. The relief you need ranges from filing a corrective document to asking the Superior Court to void the forged instrument.

Apply the Law

North Carolina treats a forged or unauthorized deed as void, but you generally need a court judgment to clear the chain of title. The proper forum is the Superior Court in the county where the property lies. When an action affects title, record a lis pendens with the Clerk of Superior Court so third parties are on notice. For non-fraud issues like name or date discrepancies, you can often use a corrective deed signed by the original parties or record an affidavit linking variants of your identity. Deadlines for fraud-related claims can run from discovery, and procedures can vary by county.

Key Requirements

• Identify the problem precisely: Distinguish clerical errors (name/date/address) from a forged or unauthorized conveyance.
• Use the correct forum: File a civil action in Superior Court in the county where the land is located when you need to void a deed or quiet title.
• Name all necessary parties: Include the person who recorded the challenged document and anyone claiming an interest through it.
• Protect the title during the case: Record a lis pendens with the Clerk of Superior Court to give public notice of the pending action.
• Use recording tools for clerical fixes: For non-fraud issues, submit a corrective deed signed by original parties, or record an affidavit of identity to tie name/birth-date variants to you.
• Follow service and proof rules: Serve parties under North Carolina civil rules and be prepared to prove lack of authority, forgery, or notary defects if alleged.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Action to quiet title) – Allows an action to remove a cloud and determine interests in real property.
• North Carolina Gen. Stat. § 1-116 (Lis pendens) – Authorizes recording notice of a lawsuit affecting title to land.
• North Carolina Gen. Stat. § 1-253 (Declaratory judgments) – Permits the court to declare rights and legal relations, including the validity of documents.

Analysis

Apply the Rule to the Facts: Because your sister recorded a petition and deed without your knowledge, a court can declare the deed void if it was forged or executed without authority. Your paying taxes and making improvements does not automatically create ownership, but it supports your standing and equitable claims. You would file a quiet title/declaratory action in the county where the land is located, name your sister and any later transferees, and record a lis pendens so no one can claim they lacked notice. For inconsistent middle names or birth dates, you can also record an affidavit of identity to link those variants to you while the case proceeds.

Process & Timing

1. Who files: The affected owner/claimant. Where: Superior Court, in the North Carolina county where the land lies. What: A civil Complaint to quiet title and for declaratory relief to set aside the forged/unauthorized deed; record a Notice of Lis Pendens with the Clerk of Superior Court. When: File promptly; fraud-based claims often run from the date you discovered the fraud, but timelines can vary.
2. Serve all necessary parties (the recorder, current record owners, lienholders). Consider a motion for a temporary restraining order or preliminary injunction if there is risk of further transfers. Exchange evidence (notary issues, signature comparisons, communications) during discovery. Many cases progress over several months; timing varies by county and complexity.
3. After judgment, record the certified court order and any required corrective instruments with the Register of Deeds. If the issue was only clerical, record a corrective deed or affidavit of identity. Update the tax listing and, if a manufactured home is titled separately, address that title with the appropriate agency.

Exceptions & Pitfalls

• The Register of Deeds generally cannot “unrecord” a document; forged or unauthorized instruments are removed from the chain by court order, not by request.
• Correction deeds fix typos or clerical errors and usually require the original parties; they cannot cure fraud or lack of authority.
• Failing to name all interested parties (including those who took title later) can leave a cloud on title even after you win.
• Service and notice defects can delay or derail relief; follow North Carolina service rules precisely.
• If the home is a manufactured home with a separate title, you may need a parallel step to correct or retire that title in addition to the land records.

Talk to a Real Estate Attorney

If you’re dealing with a forged deed or incorrect personal information in North Carolina county property records, 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.