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N.C. General Statutes Section 45-37(b) creates a presumption that the secured debt has been paid, and the lien of the deed of trust securing the debt expires 15 years after the maturity date of the debt as stated in the security instrument (or, as in this case, 15 years after the date of the note if the note is payable ...
The lender is entitled to foreclose on the property if the borrower fails to make the required payments on the loan. The main difference between a deed and a deed of trust is that a deed is a transfer of ownership, while a deed of trust is a security interest.
A North Carolina deed of trust is a real estate transfer instrument between a lender, borrower, and a trustee whereby a property title is transferred as collateral for a loan to purchase real estate. The title is maintained by the trustee until the borrower (property owner) returns the entire loan amount to the lender.
A deed must state the name and address for the current owner making the transfer (the grantor) and the new owner receiving the property (the grantee). A deed with more than one grantor or grantee must include the names and addresses of all parties.
Deeds are required to have the name of the grantor, the name and address of the grantee, the name of the preparer and an acknowledgment by a notary. Once the deed is properly drafted and signed, it must be recorded with the register of deeds in the county in which the property is located.
A Satisfaction is a document that shows of record that an individual has paid a deed of trust or a mortgage in full. These documents are usually filed by the bank or other party to whom the money was owed to and it can take you up to 45 days before they show up on record after payoff has been made.
§ 45-36.22). N.C. Gen. § 45-36.24(b) provides that, for deeds of trust recorded after October 1, 2011, the lien of the deed of trust will automatically expire 15 years from maturity date, if the maturity date of the secured obligation is stated in the deed of trust.
Transactions involving deeds of trust are normally structured, at least in theory, so that the lender/beneficiary gives the borrower/trustor the money to buy the property; the borrower/trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower/trustor; and the borrower ...