Bill Summaries: H709 (2017-2018 Session)

  • Summary date: Apr 10 2017 - View summary

    Enacts GS 75-43, setting out information required to be on top of a document used by a person, firm, or corporation to solicit a fee in exchange for providing a copy of a record available at the register of deeds office. Prohibits a document used for solicitation governed by this statute from containing deadline dates or be in a form or contain language designed to make the document appear to be issued by a State agency or local unit of government or appear to impose a legal duty on the person begin solicited. Prohibits a person, firm, or corporation soliciting a fee in exchange for providing a copy of a record from charging a fee that is greater than four times the amount the register of deeds with custody of the record would charge for a copy of the same record. Establishes that a violation of the statute constitutes an unfair trade practice under GS 75-1.1, and is subject to all of the enforcement and penalty provisions under Article 1 of GS Chapter 75. Defines solicit to mean to advertise or market to a person with whom the solicitor has no preexisting business relationship. Effective July 1, 2017.

    Amends GS 161-10 (Uniform fees of registers of deeds). Establishes that the fees detailed in subdivision (1) of subsection (a) of the statute apply to the registration or filing of any subsequent instrument that relates to a previously recorded deed of trust or mortgage. Current law, subdivision (1a) of subsection (a), prohibits a fee for recording records of satisfaction or the cancellation of record by any other means of deeds of trust or mortgages. Makes technical changes. Adds new subsection (d) to define subsequent instrument to mean the same as set forth in GS 161-14.1(a)(3).

    Amends GS 161-14.1(a)(3) to include in the examples set forth of subsequent instruments an amended and restated instrument. 

    Effective October 1, 2017, and applies to instruments submitted for registration on or after that date.