Bill Summaries: H360 (2025-2026 Session)

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  • Summary date: Mar 10 2025 - View summary

    Creates new fraud offense, residential property fraud, in GS 14-122 (forgery of deeds, wills and certain other instruments) making it a Class D felony to make a forgery of a deed, lease, will, lien, encumbrance, or other conveyance of an interest in real property relating to residential property (defined). Modifies the offense punishment from a Class H to Class F felony for any offense under GS 14-122 that does not involve residential property, and now terms that offense “general fraud.”  Makes organizational and technical changes. 

    Adds new GS 47-108.28, “fraudulent instruments,” which allows the actual owner of an interest in real property subject to a recorded false, fictitious, or fraudulent instrument to seek expedited relief by filing an action in district court alleging the filing or recording of a false, fictitious, or fraudulent instrument in a public record or a private record generally available to the public. Requires the clerk to record and index a memorandum of possible fraud in the land records where the alleged fraudulent or fictitious instrument was recorded. Prohibits charging a fee for the recording. Specifies that such a recording automatically stays any proceedings involving the real property for at least 60 days from the recording or the recording of an order declaring the recorded instrument to be false and void as a matter of law, whichever occurs first.

    Provides for service, a hearing, and for a court order removing cloud on the title to the property if the court finds the deed at issue is false and void as a matter of law. Authorizes the court to also order ejectment and possession, attorneys’ fees and costs to the prevailing party, civil penalties up to $10,000 if the action filed is frivolous or malicious, a pre-filing injunction, and other equitable relief. Requires recording and cross-indexing of any order declaring an instrument already recorded false and void as a matter of law. Specifies that the presentation of a suspicious instrument for recording with a register of deeds or a clerk of superior court that is determined to be materially false, fictitious, or fraudulent constitutes an unfair trade practice. Gives the clerk of court three options when being presented with such a suspicious instrument, including refusing to record the instrument, requiring attorney verification that the instrument is legally authorized, or refusing to index the instrument in the name of the non-signing owner of the property solely because the non-signing owner is referenced in the instrument. Directs the Administrative Office of the Courts (AOC) to develop a form for the proceedings described above, to include clear language notifying the filing party that providing false information or statements is perjury pursuant to GS 14-209 and punishable as a Class F felony. Defines instrument and suspicious instrument.

    Applies to offenses committed on or after December 1, 2025.

    Adds new GS 47-108.30, directing that a deed or conveyance of an interest in real property does not have a presumption of priority based on the time of registration and does not constitute color of title if (1) the deed or conveyance does not comply with GS 47-18, GS 47-20, GS 47-118, GS 47-119, GS 47-119.1, or GS 47-120, as applicable; or (2) the deed or conveyance does not contain a signature and acknowledgement of at least one record owner at the time the conveyance is made. Modifies GS 105-303 (obtaining information on real property transfers) to authorize boards of county commissioners to also obtain the residence address and, if applicable, the current mailing address of the person conveying the property and the person to whom the property is being conveyed as part of the information collected when conveyed real property (other than a deed of trust or mortgage) is recorded (was, such boards are authorized to obtain only the name of the person conveying the property and name and address of the person to whom the property is conveyed). Applies to instruments and documents presented for registration on or after July 1, 2025. 

    Adds new GS 161-32, authorizing a county board of commissioners, by resolution, to require the register of deeds not to accept for registration one or more types of conveyances of real property unless the county tax assessor has certified that the grantors on the instrument are consistent with the listing for the real property in the county tax records or, in the event of an inconsistency, legal verification satisfactory to the county tax assessor has been provided for the source of title, including, but not limited to, deed, will or other inheritance through an estate, or a court order. Authorizes the county commissioners to describe the form the certification make take in its resolution. Requires the register of deeds in counties that have adopted such resolutions to nevertheless accept without certification a conveyance submitted for registration under the supervision of a closing attorney and containing this statement on the deed: "This instrument prepared by: ________, a licensed North Carolina attorney, based upon satisfactory verification of vesting of record title to the property herein through the source of title referenced herein." Defines conveyance.