NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 1220

HOUSE BILL 2085

AN ACT TO VALIDATE DEEDS OR OTHER INSTRUMENTS OF CONVEYANCE WHERE THE SIGNATURE OF GRANTOR OR THE ACKNOWLEDGMENT FAILS TO DESIGNATE GRANTOR'S OFFICIAL CAPACITY.

The General Assembly of North Carolina enacts:

Section 1.  Article 4, Chapter 47, of the General Statutes is hereby amended by adding a new section thereto to be designated as G.S. 47-108.17, to read as follows:

"§ 47-108.17.  Validation of certain deeds where official capacity not designated. — In all cases where an executor, executrix, administrator, administratrix, guardian or commissioner has executed a deed, deed of trust or other instrument of conveyance permitted by law to be registered in this State and the granting clause of the instrument sets forth the official capacity of the grantor, neither the failure to re-designate the grantor's official capacity following his or her signature nor the failure to designate the official capacity of the grantor in the acknowledgment of the instrument shall invalidate the conveyance provided the instrument is otherwise properly executed."

Sec. 2.  This act shall not apply to pending litigation.

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 8th day of April, 1974.