AN ACT TO ALLOW THAT A CONTRACT TO CONVEY REAL ESTATE MAY BE REGISTERED BY REGISTERING A MEMORANDUM OF CONTRACT AND TO REQUIRE THAT DEEDS AND DEEDS OF TRUST PREPARED IN OTHER STATES AND PRESENTED FOR REGISTRATION TO THE REGISTER OF DEEDS OF ANY COUNTY IN THIS STATE SHALL BEAR AN ENTRY SHOWING THE NAME OF EITHER THE PERSON OR LAW FIRM WHO DRAFTED THE INSTRUMENT. Summarized in Daily Bulletin 4/5/11 and 6/15/11. Enacted June 27, 2011. Effective June 27, 2011. Sections 2 and 3 apply to all memoranda of contracts to purchase real estate recorded prior to and on or after that date.
MEMO OF CONTRACT/DEEDS & DEEDS OF TRUST.
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View NCGA Bill Details(link is external) | 2011-2012 Session |
TO ALLOW THAT A CONTRACT TO CONVEY REAL ESTATE MAY BE REGISTERED BY REGISTERING A MEMORANDUM OF CONTRACT AND TO REQUIRE THAT DEEDS AND DEEDS OF TRUST PREPARED IN OTHER STATES AND PRESENTED FOR REGISTRATION TO THE REGISTER OF DEEDS OF ANY COUNTY IN THIS STATE SHALL BEAR AN ENTRY SHOWING THE NAME OF EITHER THE PERSON OR LAW FIRM WHO DRAFTED THE INSTRUMENT.Intro. by Vaughan, Stein, Newton.
Bill History:
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Tue, 5 Apr 2011 Senate: Filed(link is external)
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Wed, 6 Apr 2011 Senate: Passed 1st Reading(link is external)
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Wed, 6 Apr 2011 Senate: Ref To Com On Judiciary II(link is external)
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Thu, 28 Apr 2011 Senate: Reptd Fav(link is external)
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Mon, 2 May 2011 Senate: Passed 2nd & 3rd Reading(link is external)
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Wed, 4 May 2011 House: Passed 1st Reading(link is external)
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Wed, 4 May 2011 House: Ref To Com On Judiciary Subcommittee A(link is external)
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Wed, 15 Jun 2011 House: Reptd Fav Com Substitute(link is external)
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/15/2011(link is external)
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Thu, 16 Jun 2011 House: Passed 2nd & 3rd Reading(link is external)
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Thu, 16 Jun 2011 Senate: Rec To Concur H Com Sub(link is external)
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Thu, 16 Jun 2011 Senate: Placed On Cal For 6/16/2011(link is external)
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Thu, 16 Jun 2011 Senate: Concurred In H/com Sub(link is external)
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Fri, 17 Jun 2011 Ratified(link is external)
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Mon, 20 Jun 2011 Pres. To Gov. 6/20/2011(link is external)
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Mon, 27 Jun 2011 Signed By Gov. 6/27/2011(link is external)
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Mon, 27 Jun 2011 Ch. SL 2011-351(link is external)
Bill Summaries:
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Bill S 519 (2011-2012)Summary date: Jun 30 2011 - View Summary
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Bill S 519 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Amends GS 47-120 to clarify there is a conclusive presumption that the conditions of any contract to purchase that is the subject of a recorded memo have been complied with or have expired and are no longer enforceable against subsequent recorded interests after 60 days from the stated closing date or final payment and deed delivery date, as provided in the recorded memo, whichever occurs first (previously whichever occurs last).
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Bill S 519 (2011-2012)Summary date: Apr 5 2011 - View Summary
Amends GS 47-119.1 to provide a form of memorandum for a contract to convey real estate that can be registered in lieu of the contract itself. Amends GS 47-120 to provide that proper execution and registration of such memo has the same effect as registration of the entire contract. Establishes a conclusive presumption that the conditions of any contract to purchase that is the subject of a recorded memo have been complied with or have expired and are no longer enforceable against subsequent recorded interests after 60 days from the later of the stated closing date or final payment and deed delivery date, as provided in the recorded memo. Amends GS 47-17.1 to prohibit recording of documents prepared in other states without the name of the person or law firm that drafted the document.