47-20.2. Place of registration; personal property.
(a) As used in this section:
(1) "Mortgage" includes a deed of trust and a conditional sales contract; unless subject to the filing requirements of Article 9 of the Uniform Commercial Code (Chapter 25) and duly filed pursuant thereto;
(2) "Mortgagor" includes a grantor in a deed of trust and a conditional sales vendee.
(b) To be validly registered pursuant to G.S. 47-20, a mortgage of personal property must be registered as follows:
(1) If the mortgagor is an individual:
a. Who resides in this State, the mortgage must be registered in the county where the mortgagor resides when the mortgage is executed.
b. Who resides outside this State, the mortgage must be registered in each county in this State where any of the tangible mortgaged property is located at the time the mortgage is executed, in order to be effective as to such property; and if any of the mortgaged property consists of a chose in action which arises out of the business transacted at a place of business operated by the mortgagor in this State, then the mortgage must be registered in the county where such place of business is located.
(2) If the mortgagor is a partnership, either limited or unlimited:
a. Which has a principal place of business in this State, the mortgage must be registered in the county where such place of business is located at the time the mortgage is executed.
b. Which does not have a principal place of business in this State but has any place of business in this State, the mortgage must be registered in every county in this State where any such place of business is located at the time the mortgage is executed. Where such mortgage is registered in one or more of such counties but is not registered in every county required under this subsection, it shall, nevertheless, be effective as to the property in every county in which it is registered.
c. Which has no place of business in the State, the mortgage must be registered in every county in this State where a partner resides at the time the mortgage is executed. Where such mortgage is registered in one or more of such counties but is not registered in every county required under this subsection, it shall, nevertheless, be effective as to the property in every county in which it is registered.
d. Which has no place of business in this State, and no partner residing in this State, the mortgage must be registered in each county in this State where any of the mortgaged property is located when the mortgage is executed, in order to be effective as to the property in such county.
(3) If the mortgagor is a domestic corporation:
a. Which has a registered office in this State, the mortgage must be registered in the county where such registered office is located when the mortgage is executed.
b. Which having been formed prior to July 1, 1957, has no such registered office but does have a principal office in this State as shown by its certificate of incorporation, or amendment thereto, or legislative charter, the mortgage must be registered in the county where the principal office is said to be located by such certificate of incorporation, or amendment thereto, or legislative charter when the mortgage is executed.
(4) If the mortgagor is a foreign corporation:
a. Which has a registered office in this State, the mortgage must be registered in the county where such registered office is located when the mortgage is executed.
b. Which, having been domesticated prior to July 1, 1957, has no such registered office in this State, but does have a principal office in this State, the mortgage must be registered in the county where the principal office is said to be located by the statement filed with the Secretary of State in its application for permission to do business in this State or other document filed with the Secretary of State showing the location of such principal office in this State when the mortgage is executed.
c. Which has not been domesticated in this State, the mortgage must be registered in the same county or counties as a mortgage executed by a nonresident individual.
(5) If the personal property concerned is a vehicle required to be registered under the motor vehicle laws of the State of North Carolina, then the provisions of this section shall not apply but the security interest arising from the deed of trust, mortgage, conditional sales contract, or lease intended as security of such vehicle may be perfected by recordation in accordance with the provisions of G.S. 20-58 through 20-58.10. (1953, c. 1190, s. 2; 1957, c. 979, ss. 1, 2; 1961, c. 835, s. 12; 1965, c. 700, s. 8.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47 - Probate and Registration
§ 47-17 - Probate and registration sufficient without livery of seizin, etc.
§ 47-18 - Conveyances, contracts to convey, options, and leases of land.
§ 47-18.1 - Registration of certificate of entity name change, merger, consolidation, or conversion.
§ 47-18.2 - Registration of Inheritance and Estate Tax Waiver.
§ 47-18.3 - Execution of corporate instruments; authority and proof.
§ 47-19 - Unregistered deeds prior to January, 1920, registered on affidavit.
§ 47-20.1 - Place of registration; real property.
§ 47-20.2 - Place of registration; personal property.
§ 47-20.3 - Place of registration; instruments covering both personal property and real property.
§ 47-20.4 - Place of registration; chattel real.
§ 47-20.5 - Real property; effectiveness of after-acquired property clause.
§ 47-20.6 - Affidavit for permanent attachment of titled manufactured home to real property.
§ 47-22 - Counties may provide for photographic or photostatic registration.
§ 47-24 - Conditional sales or leases of railroad property.
§ 47-25 - Marriage settlements.
§ 47-29 - Recording of bankruptcy records.
§ 47-29.1 - Recordation of environmental notices.
§ 47-30 - Plats and subdivisions; mapping requirements.
§ 47-30.1 - Plats and subdivisions; alternative requirements.
§ 47-31 - Certified copies may be registered; used as evidence.
§ 47-32 - Photographic copies of plats, etc.
§ 47-32.1 - Photostatic copies of plats, etc.; alternative provisions.
§ 47-32.2 - Violation of § 47-30 or § 47-32 a misdemeanor.
§ 47-33 - Certified copies of deeds made by alien property custodian may be registered.
§ 47-34 - Certified copies of deeds made by alien property custodian admissible in evidence.
§ 47-35 - Register to fill in deeds on blank forms with lines.
§ 47-36 - Errors in registration corrected on petition to clerk.
§ 47-36.1 - Notice of errors in recorded instruments of title.
§ 47-36.2 - Cure of obvious description errors in recorded instruments.