Adds an additional offense to GS 14-122, making it unlawful for a person to present for filing or recording in a public record or a private record generally available to the public a deed or transfer of real property of an owner, knowing or having reason to know that the deed or conveyance is false or contains a materially false, fictitious, or fraudulent statement or representation. Makes it a Class C felony if the value of property is $100,000 or more and a Class G felony if the value of property is less than $100,000. Makes conforming changes to the statute's title.
Adds new GS 14-118.6A, pertaining to fraudulent deeds or conveyances, as follows. Allows the actual owner of an interest in real property subject to a recorded false, fictitious, or fraudulent deed or conveyance to file a civil action and proceed pro se, without the assistance of legal counsel. Provides for jurisdiction, the availability of emergency relief upon an ex parte hearing and a sworn statement and evidence supporting the allegation of the recording as false or fraudulent, and an adversarial hearing after the issuance of a temporary ex parte order. Authorizes the court, in issuing a permanent order under the statute, to grant possession and order ejectment, award attorneys’ fees and costs, and stay any proceedings involving the subject real property in which the property owner is not a party. Provides for a process for register of deeds to record and cross reference any order under the section declaring a deed false and void as a matter of law. Provides that the presentation of an instrument for recording with a register of deeds that purports to be a deed or conveyance that is determined to be materially false, fictitious, or fraudulent is an unfair trade practice. Makes it a Class G felony for a person to initiate an action under the section knowing that the subject deed or conveyance is not false, fictitious, or fraudulent.
Amends GS 161-31 to now require all county board of commissions to, by resolution, require the register of deeds not to accept any deed transferring real property for registration unless the county tax collector has certified that no delinquent ad valorem county taxes, ad valorem municipal taxes, or other taxes with which the collector is charged are a lien on the property described in the deed (previously, only certain listed county commissioners had discretion to require this). Makes conforming changes.
Applies to documents and instruments submitted for recording on or after December 1, 2025.
Statutes affected: Filed: 14-122, 161-31