News & Updates
Our offices will be closed on Thursday, November 26th and Friday, November 27th so that our staff may enjoy their meal and time with family and friends for the Thanksgiving holiday.
Everyone from Attorneys Title wishes you and your family a Happy Thanksgiving!
Correction to Correct Way to Correct Incorrect Documents:
The Scrivener's Error Revisited
By: W. Paul Lewis, Title Counsel, Pinehurst and Wilmington
Mistakes are meant for learning and not repeating. At least this is what one hopes. We strive very hard for perfection on each transaction, yet sometimes a simple mistake is made. The course of corrective action varies with the offense, so if you find yourself uncertain, always feel free to contact Attorneys Title and we’ll help you navigate the way to perfection.
Effective October 1, 2008, N.C.G.S. § 47 36.1, “Correction of Errors in Recorded Instruments,” was re-written and superseded and replaced with the following:
§ 47 36.1. Correction of errors in recorded instruments.
(a) Notwithstanding G.S. 47-14 and G.S. 47-17, notice of typographical or other minor error in a deed or other instrument recorded with the register of deeds may be given by recording an affidavit. If an affidavit is conspicuously identified as a corrective or scrivener's affidavit in its title, the register of deeds shall index the name of the affiant, the names of the original parties in the instrument, the recording information of the instrument being corrected, and the original parties as they are named in the affidavit. A copy of the previously recorded instrument to which the affidavit applies may be attached to the affidavit and need not be a certified copy. To the extent the correction is inconsistent with the originally recorded instrument, and only to that extent, notice of the corrective information as provided by the affiant in the corrective affidavit is deemed to have been given as of the time the corrective affidavit is registered. Nothing in this section invalidates or otherwise alters the legal effect of any instrument of correction authorized by statute in effect on the date the instrument was registered.
(b) Nothing in this section requires that an affidavit be attached to an original or certified copy of a previously recorded instrument that is unchanged but rerecorded. Nothing in this section requires that an affidavit be attached to a previously recorded instrument with a copy of a previously recorded instrument that includes identified corrections or an original execution by a party or parties of the corrected instrument after the original recording, with proof or acknowledgment of their execution of the correction of the instrument.
(c) If the corrective affidavit is solely made by a notary public in order to correct a notarial certificate made by that notary public that was attached to an instrument already recorded with the register of deeds, the notary public shall complete the corrective affidavit identifying the correction and may attach a new acknowledgment completed as of the date the original acknowledgment took place, which shall be deemed attached to the original recording, and the instrument's priority shall remain the date and time originally recorded. The provisions of this subsection shall apply to corrective affidavits filed prior to, on, or after April 1, 2013. (1985 (Reg. Sess., 1986), c. 842, s. 1; 1987, c. 360, s. 1; 2008-194, s. 7(c); 2013-204, s. 1.16.)
Unfortunately, the title of this section was not changed with the 2008 amendment and the words “correction,” “corrected” and “corrective” continue to appear in both the title and body of the statute. Prior to the amendment, an obvious typographical or other minor error in a recorded document could be “corrected” by a re-recording of the original instrument, with the correction made and initialed and a statement of explanation attached. With the change, the statute provides for the recording of an affidavit which only gives “notice” of such a typographical or other minor error. The current statute does not provide for correcting such an error.
Attorneys Title CLE/CPE Seminar Series
Upcoming CLE/CPE seminars are listed below. For more information please contact your local Attorneys Title office.
Winston-Salem - Thursday, December 10th: The seminar will be held at The Hawthorne Inn & Conference Center. Presentation will begin promptly at 9:00 am and end at 12:30 pm. Registration will begin at 8:30 am. For more information please email WinstonSalem@AttorneysTitle.com
Best PracticeD - Our Best Practices Solution for Encryption of Email
- Attorneys Title is working hard on compliance with ALTA's Best Practices and we know you are, too. In order to send and receive securely encrypted documents via email that are in compliance with the protection of valuable NPPI, we selected ShareFile by Citrix so that...
- We can send encrypted documents.
- We can provide a link for our customers to upload documents securely.
- We can forward documents securely on behalf of our customers
- Access to files is available anytime, anywhere.
- Recipients are not required to have a ShareFile account to access files.
If you haven't checked encryption off your to-do list yet, don't lose a deal - contact us and we will help. We can send our document, or even your document, via ShareFile.
*Interested in learning more information regarding ShareFile by Citrix? Visit their website, ShareFile.com
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