47-46.3. Affidavit of lost note.
No particular phrasing is required for an affidavit of lost note pursuant to G.S. 45-36(a)(6) as it was in effect prior to October 1, 2005. The following form, when properly completed, is sufficient to satisfy the requirements for an affidavit of lost note under G.S. 45-37(a)(6) as it was in effect prior to October 1, 2005.
1. The affiant is the owner of the note or other indebtedness secured by the deed of trust, mortgage, or other instrument executed by __________ (grantor, mortgagor), __________ (trustee), and ____________ (beneficiary, mortgagee), and recorded in __________ County at __________ (book and page); and
2. The note or other indebtedness has been lost and after the exercise of due diligence cannot be located.
3. The affiant certifies that all indebtedness secured by the deed of trust, mortgage, or other instrument was satisfied on __________, __________ (date of satisfaction), and the affiant is responsible for cancellation of the same.
____________________
(Signature of affiant)
[Signature and seal of notary public or other official authorized to administer oaths]. (1995, c. 292, s. 4; 1995 (Reg. Sess., 1996), c. 604, s. 2; c. 742, s. 19; 1999-456, s. 59; 2005-123, s. 6.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47 - Probate and Registration
Article 3 - Forms of Acknowledgment, Probate and Order of Registration.
§ 47-37.1 - Other forms of proof.
§ 47-38 - Acknowledgment by grantor.
§ 47-40 - Husband's acknowledgment and wife's acknowledgment before the same officer.
§ 47-41.01 - Corporate conveyances.
§ 47-41.02 - Other forms of probate for corporate conveyances.
§ 47-41.2 - Technical defects.
§ 47-42 - Attestation of bank conveyances by secretary or cashier.
§ 47-43 - Form of certificate of acknowledgment of instrument executed by agent.
§ 47-43.1 - Execution and acknowledgment of instruments by attorneys or attorneys-in-fact.
§ 47-43.2 - Officer's certificate upon proof of instrument by subscribing witness.
§ 47-43.3 - Officer's certificate upon proof of instrument by proof of signature of maker.
§ 47-44 - Clerk's certificate upon probate by justice of peace or magistrate.
§ 47-45 - Clerk's certificate upon probate by nonresident official without seal.
§ 47-46.1 - Notice of satisfaction of deed of trust, mortgage, or other instrument.
§ 47-46.2 - Certificate of satisfaction of deed of trust, mortgage, or other instrument.