45-42.1. Corporate cancellation of lost mortgages by register of deeds.
Upon affidavit of the secretary and treasurer of a corporation showing that the records of such corporation show that such corporation has fully paid and satisfied all of the notes secured by a security instrument executed by such corporation and such payment and satisfaction was made more than 25 years ago, and that such security instrument was made to a corporation which ceased to exist more than 25 years ago, and such affidavit shall further state that the records of such corporation show that no payments have been made on such secured obligation by the corporation executing such security instrument for 25 years, the register of deeds of the county in which such security instrument is recorded is authorized to record the affidavit. The register of deeds shall index the affidavit according to G.S. 161-22 using the names of parties stated in the affidavit and shall make reference to the recording data of the original security instrument as stated in the affidavit opposite the name of each party so indexed. Upon recording such affidavit, the said security instrument shall be deemed to be cancelled and satisfied of record: Provided, that this section shall not apply to any mortgagor corporation except those in which the State of North Carolina owns more than a majority of the capital stock and shall not apply to any security instrument in which the principal amount secured thereby exceeds the sum of fifteen thousand dollars ($15,000): Provided, such cancellation shall not bar any action to foreclose such security instrument instituted within 90 days after the same is cancelled. (1945, c. 1090; 1991, c. 114, s. 7; 2005-123, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
§ 45-36.2 - Obligation of good faith.
§ 45-36.5 - Notificationmanner of giving and effective date.
§ 45-36.6 - Document of rescissioneffect; liability for wrongful recording.
§ 45-36.7 - Payoff and short-pay statements; request and content.
§ 45-36.7A - Credit suspension directives.
§ 45-36.8 - Understated payoff statement or short-pay statementcorrection; effect.
§ 45-36.9 - Secured creditor to submit satisfaction or release for recording; liability for failure.
§ 45-36.10 - Content and effect of satisfaction.
§ 45-36.11 - Satisfactionform.
§ 45-36.12 - Limitation of secured creditor's liability.
§ 45-36.13 - Eligibility to serve as satisfaction agent.
§ 45-36.14 - Affidavit of satisfactionnotification to secured creditor.
§ 45-36.15 - Affidavit of satisfactionauthorization to submit for recording.
§ 45-36.16 - Affidavit of satisfactioncontent.
§ 45-36.17 - Affidavit of satisfactionform.
§ 45-36.18 - Affidavit of satisfactioneffect.
§ 45-36.19 - Liability of satisfaction agent.
§ 45-36.20 - Trustee's satisfaction of deed of trustcontent and effect.
§ 45-36.21 - Trustee's satisfaction of deed of trustform.
§ 45-36.22 - Partial releasecontent and effect; form.
§ 45-36.23 - Obligation releasecontent and effect.
§ 45-36.24 - Expiration of lien of security instrument.
§ 45-37 - Satisfaction of record of security instruments.
§ 45-37.2 - Indexing satisfactions and other documents relating to security instruments.
§ 45-38 - Recording of foreclosure.
§ 45-41 - Recorded deed of release of mortgagee's representative.
§ 45-42 - Satisfaction of corporate mortgages by corporate officers.
§ 45-42.1 - Corporate cancellation of lost mortgages by register of deeds.
§ 45-42.3 - Automatic release of real property from ancillary security instruments.