GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 384
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Short Title: Register of Deeds/Fees. |
(Public) |
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Sponsors: |
Representatives Howard, West, Rapp, and Wilkins (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Finance. |
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March 17, 2011
A BILL TO BE ENTITLED
AN ACT to simplify the fees charged for registering instruments with a register of deeds in this state.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 161-10 reads as rewritten:
"§ 161-10. Uniform fees of registers of deeds.
(a) Except as otherwise provided in this Article, all fees collected under this section shall be deposited into the county general fund. While performing the duties of the office, the register of deeds shall collect the following fees which shall be uniform throughout the State:
(1) Instruments in
General. - For registering or filing any instrument for which no other
provision is made by this section, whether written, printed, or typewritten,
the fee shall be twelve dollars ($12.00)thirty dollars ($30.00)
for the first page 15 pages plus three dollars ($3.00)five
dollars ($5.00) for each additional page or fraction thereof.
When a subsequent instrument, as defined in G.S. 161-14.1(a)(3), is presented for registration with reference to more than one original instrument for which recording data are required to be indexed pursuant to G.S. 161-14.1(b), the fee shall be an additional twenty-five dollars ($25.00) for each additional reference.
When a document is presented for registration that consists of multiple instruments, the fee shall be an additional ten dollars ($10.00) for each additional instrument. A document consists of multiple instruments when it contains two or more instruments with different legal consequences or intent, each of which is separately executed and acknowledged and could be recorded alone.
(1a) Deeds of Trust,
Mortgages, and Cancellation of Deeds of Trust and Mortgages. - For registering
or filing any deed of trust or mortgage, whether written, printed, or
typewritten, the fee shall be twenty-eight dollars ($28.00) for the first page
plus three dollars ($3.00) for each additional page or fraction thereof.
When a deed of trust or mortgage
is presented for registration that contains one or more additional instruments,
the fee shall be ten dollars ($10.00) for each additional instrument. A deed of
trust or mortgage contains one or more additional instruments if such
additional instrument or instruments has or have different legal consequences
or intent, each of which is separately executed and acknowledged and could be
recorded alone.
For recording records of
satisfaction, or the cancellation of record by any other means, of deeds of
trust or mortgages, there shall be no fee.
…
(16) Probate. - For
verification of proofs and acknowledgements as provided in G.S. 47-14 two
dollars ($2.00).
…."
SECTION 2. G.S. 161-11.4 is repealed.
SECTION 3. G.S. 161-11.5 reads as rewritten:
"§ 161-11.5.
Fees for General Fund support.to be remitted to State
Treasurer.
Five dollars ($5.00) of each the fee collected
by the register of deeds for registering or filing a deed of trust or
mortgage pursuant to G.S. 161-10(a)(1a) an instrument shall be
remitted by the register of deeds to the county finance officer, who shall
remit the funds to the State Treasurer to be directed and credited as
follows: (i) fifty percent (50%) to the Department of Crime Control and Public
Safety to be credited to the Floodplain Mapping Fund established under
G.S. 143-215.56A; (ii) twenty-five percent (25%) to the Department of
Cultural Resources for the purpose of offsetting the costs of the Archives and
Records Management Program; and (iii) twenty-five percent (25%) to the
General Fund as nontax revenue. The county finance officer shall remit the
funds to the State Treasurer on a monthly basis."
SECTION 4. G.S. 161-11.6 is repealed.
SECTION 5. This act becomes effective October 1, 2011, and applies to instruments registered on and after that date.