Enacts GS 161-32, concerning identify verification and suspicious instruments, as follows. Defines instrument, suspicious instrument (an instrument submitted for registration for which the register of deeds has found any of four described circumstances, including that the name or information of an acknowledging officer who has purported to acknowledge the instrument does not match the official records for that acknowledging officer or that the instrument is materially false, fictitious, or fraudulent and has not been submitted by a trusted submitter or an authorized representative of a trusted submitter) and trusted submitter (includes a title insurance company, an attorney licensed to practice in the State, and a financial institution as defined in GS 53B-2).
Requires the register of deeds to require a person who is not a trusted submitter to produce government-issued identification as described when the person presents an instrument for registration. Instructs the register of deeds to refuse to register an instrument if one of the following three instances occur: (1) the register of deeds deems the instrument a suspicious instrument, (2) the individual submitting the instrument is not a trusted submitter or representative thereof and fails to produce the required ID, or (3) the individual submitting the instrument is not a trusted submitter or representative thereof and the information on the ID does not match the name of the grantor or conveying party in the instrument presented for registration. Authorizes the register of deeds to also (1) report a suspicious instrument to an appropriate law enforcement agency and (2) notify the acknowledging officer purported to have acknowledged the instrument of the reason for the register of deeds finding that the instrument is a suspicious instrument. Provides for notice of the identification requirements. Provides for legal protections as described against a register of deeds that refuses to record an instrument based on an erroneous finding that the instrument is a suspicious instrument. Specifies that no cause of action lies against a register of deeds or county based on the identification card requirement and any refusal to register an instrument based on those grounds. Clarifies that the statute does not require the register of deeds to provide or allow access to a record or information that’s considered confidential under law.
Enacts GS 161-33, pertaining to a fraud detection alert system, as follows. Defines fraud detection alert system (a system which sends automated recording notifications), land records, monitored identity, recording identification, and registrant. Requires the register of deeds to ensure that registration for a fraud detection alert system is possible through an electronic registration portal, as described. Requires, when a land record is recorded for a monitored identity, that a recording notification be sent within 24 hours after the recording has been completed to each registrant who is subscribed to receive recording notifications for that monitored identity with the five required prongs of information. Specifies that no cause of action lies against a register of deeds or county with respect to the creation, maintenance, or operation of a fraud detection alert system as required by the act. Allows for a reasonable fee to enroll in the alert system.
Effective October 1, 2025, and applies to instruments and documents presented for registration on or after that date.
Requires the Legislative Research Commission (LRC) to study, as described, the feasibility of amending GS 161-33, as enacted by the act, to create a fraud detection alert system where everyone who submits a land record for registration is automatically enrolled in the fraud detection alert system without paying a fee. Specifies that before enrollment, the register of deeds would provide each individual with a notice explaining the system – its purpose, how it works, and how to opt out of enrollment. Requires the LRC to report its findings along with any proposed legislation to the 2026 Regular Session of the 2025 General Assembly upon its convening.
Enacts GS 41-10.2, concerning quiet title of fraudulent instruments, as follows. Permits the actual owner of an interest in real property subject to a recorded false, fictitious, or fraudulent instrument to seek expedited relief as described by filing an action in district court alleging the filing or recording of a false, fictitious, or fraudulent instrument in a public record or a private record generally available to the public. Authorizes six additional remedies, including ejectment. Requires a court order declaring an instrument already recorded is false and void as a matter of law to be recorded as described. Designates the presentation of an instrument for recording with a register of deeds or a clerk of superior court that is determined to be materially false, fictitious, or fraudulent an unfair trade practice. Requires the Administrative Office of the Courts to develop a form, as described, for the expedited relief filing described herein. Defines instrument. Effective October 1, 2025, and applies to causes of action arising on or after that date.
PREVENTING DEED FRAUD.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO ALLOW THE REGISTER OF DEEDS TO REFUSE TO RECORD CERTAIN SUSPICIOUS INSTRUMENTS, TO AUTHORIZE THE REGISTER OF DEEDS TO REQUIRE NON-TRUSTED SUBMITTERS TO PRODUCE A GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION CARD BEFORE RECORDING A DEED OR CERTAIN OTHER INSTRUMENTS, TO REQUIRE THE REGISTER OF DEEDS TO PROVIDE ACCESS TO A FRAUD DETECTION ALERT SYSTEM, TO REQUIRE A STUDY OF ALTERNATIVE FRAUD DETECTION ALERT SYSTEMS, AND TO PROVIDE FOR AN EXPEDITED CAUSE OF ACTION TO QUIET TITLE AFTER AN ATTEMPTED FRAUDULENT CONVEYANCE.Intro. by Liu, Stevens, Biggs, Budd.
Status: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 19 2025)
Bill History:
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Tue, 18 Mar 2025 House: Filed(link is external)
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Wed, 19 Mar 2025 House: Passed 1st Reading(link is external)
H 431
Bill Summaries:
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Bill H 431 (2025-2026)Summary date: Mar 18 2025 - View Summary
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