Bill Summary for S 423 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT 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 AND PROVIDING FOR A SEPARATE CAUSE OF ACTION TO QUIET TITLE AFTER AN ATTEMPTED FRAUDULENT CONVEYANCE.Intro. by Sawrey, Daniel, B. Newton.
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Bill summary
Enacts GS 161-32 establishing that when an instrument is presented to the register of deeds for registration by an individual who is not a trusted submitter or their authorized agent, the register of deeds must require the presenter to produce a government-issued photographic ID card. Defines trusted submitter to include a title insurance company, a licensed attorney, or a financial institution. Also defines instrument. Provides for inspection of the ID when instruments are presented in person and recording requirements of the register of deeds when instruments are presented in person. Provides for submission of a redacted copy of a photo ID for any electronic instruments presented and sets similar recordkeeping requirements. Requires that in either case, the register of deeds keeps a record of the presenter's name and address. Deems the records subject to public records laws but prohibits making the records available for viewing on the register of deeds' official public website. Mandates refusal to register an instrument when (1) the presenter is not a trusted submitter or their authorized agent and fails to provide a government-issued photo ID as required by the statute, or (2) the presenter is not a trusted submitter or their authorized agent and the name on the government-issued photo ID does not match the name of the grantor or conveying party in the instrument presented. Directs register of deeds to provide public notice of the identity requirements on their official public website. Grants civil immunity to registers of deeds and the county with respect to the ID requirements or refusal to register instruments in accordance with the statute. Specifies that the statute does not require or allow access to confidential records or information. Applies to instruments and documents presented for registration on or after October 1, 2025.
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. Applies to causes of action arising on or after October 1, 2025.