TITLE FRAUD PREVENTION ACT.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 535 (Public) Filed Wednesday, March 26, 2025
AN ACT TO PENALIZE THE FILING OF FRAUDULENT DEEDS AND CONVEYANCES AND TO PREVENT TITLE FRAUD BY AUTHORIZING THE REGISTER OF DEEDS TO REQUIRE THE PRODUCTION OF A GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION CARD BEFORE RECORDING A DEED OR CERTAIN OTHER INSTRUMENTS, REQUIRING THE REGISTER OF DEEDS TO PROVIDE ACCESS TO A FRAUD DETECTION ALERT SYSTEM, AND PROVIDING FOR A SEPARATE CAUSE OF ACTION TO QUIET TITLE AFTER AN ATTEMPTED FRAUDULENT CONVEYANCE.
Intro. by N. Jackson, Stevens, Balkcom, Biggs.

Status: Ref to the Com on Housing and Development, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 27 2025)
H 535

Bill Summaries:

  • Summary date: Mar 26 2025 - View Summary

    Section 1.

    Expands the scope of conduct prohibited under GS 14-122 (concerning forgery of deeds) to include making it unlawful for any person to present for filing or recording in a public record or a private record generally available to the public a deed or transfer of real property of an owner, knowing or having reason to know that the deed or conveyance is false or contains a materially false, fictitious, or fraudulent statement or representation. Makes violations a Class C felony if the value of the property is $100,000 or more and a Class G felony for property valued less than $100,000. Effective December 1, 2025, and applies to offenses committed on or after that date.

    Section 2.

    Enacts GS 161-32, concerning identifying 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. Effective October 1, 2025, and applies to instruments and documents presented for registration on or after that date.

    Section 3.

    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 five business days 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.

    Section 4.

    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.

    Section 5.

    Enacts GS 47-108.30, directing that a deed or conveyance of an interest in real property does not have a presumption of priority based upon the time of registration and shall not constitute color of title if any of the following criteria are met: (1) the deed or conveyance does not comply with the provisions of the specified sections of GS Chapter 47 (governing probate and registration) or (2) the deed or conveyance does not contain a signature and acknowledgement of at least one record owner at the time the conveyance is made. Effective October 1, 2025, and applies to instruments and documents presented for registration on or after that date.