GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 489
The General Assembly of North Carolina enacts:
Section 1. G.S. 45-20.1 reads as rewritten:
"§ 45-20.1. Validation of trustees' deeds where seals omitted.
All deeds executed prior to April 1, 1989, January
1, 1991, by any trustee or substitute trustee in the exercise of the power
of sale vested in him under any deed, deed of trust, mortgage, will, or other instrument
in which the trustee or substitute trustee has omitted to affix his seal after
his signature are validated."
Sec. 1.1. Article 2 of Chapter 45 of the General Statutes is amended by adding a new section to read:
"§ 45-20.3. Validation of deeds where seal omitted on power of attorney.
All deeds and other conveyances executed prior to January 1, 1991, by any attorney-in-fact in the exercise of a power of attorney are valid even though the signature of the principal was not affixed under seal on the instrument creating the power of attorney."
Sec. 2. G.S. 47-51 reads as rewritten:
"§ 47-51. Official deeds omitting seals.
All deeds executed prior to April 1, 1989, January
1, 1991, by any sheriff, commissioner, receiver, executor, executrix,
administrator, administratrix, or other officer authorized to execute a deed by
virtue of his office or appointment, in which the officer has omitted to affix
his seal after his signature, shall not be invalid on account of the omission
of such seal."
Sec. 3. G.S. 47-53 reads as rewritten:
"§ 47-53. Probates omitting official seals, etc.
In all cases where the acknowledgment, private examination,
or other proof of the execution of any deed, mortgage, or other instrument
authorized or required to be registered has been taken or had by or before any
commissioner of affidavits and deeds of this State, or clerk or deputy clerk of
a court of record, or notary public of this or any other state, territory, or
district, and such deed, mortgage, or other instrument has heretofore been
recorded in any county in this State, but such commissioner, clerk, deputy
clerk, or notary public has omitted to attach his or her official or notarial
seal thereto, or if omitted, to insert his or her name in the body of the
certificate, or if omitted, to sign his or her name to such certificate, if the
name of such officer appears in the body of said certificate or is signed
thereto, or it does not appear of record that such seal was attached to the
original deed, mortgage, or other instrument, or such commissioner, clerk,
deputy clerk, or notary public has certified the same as under his or her
'official seal,' or 'notarial seal,' or words of similar import, and no such
seal appears of record or where the officer uses 'notarial' in his or her certificate
and signature shows that 'C.S.C.,' or 'clerk of superior court,' or similar
exchange of capacity, and the word 'seal' follows the signature, then all such
acknowledgments, private examinations or other proofs of such deeds, mortgages,
or other instruments, and the registration thereof, are hereby made in all
respects valid and binding. The provisions of this section apply to
acknowledgments, private examinations, or proofs taken prior to April 1,
1989: January 1, 1991: Provided, this section does not apply to
pending litigation."
Sec. 4. G.S. 47-53.1 reads as rewritten:
"§ 47-53.1. Acknowledgment omitting seal of notary public.
Where any person has taken an acknowledgment as a notary
public and has failed to affix his seal and such acknowledgment has been
otherwise duly probated and recorded then such acknowledgment is hereby
declared to be sufficient and valid: Provided this shall apply only to those
deeds and other instruments acknowledged prior to April 1, 1989. January
1, 1991."
Sec. 5. G.S. 47-71.1 reads as rewritten:
"§ 47-71.1.
Corporate seal omitted prior to April 1, 1989. January 1, 1991.
Any corporate deed, or conveyance of land in this State, made
prior to April 1, 1989, January 1, 1991, which is defective only
because the corporate seal is omitted therefrom is hereby declared to be a good
and valid conveyance by such corporation for all purposes and shall be
sufficient to pass title to the property therein conveyed as fully as if the
said conveyance were executed according to the provisions and forms of law in
force in this State at the date of the execution of such conveyance."
Sec. 6. G.S. 47-108.5 reads as rewritten:
"§ 47-108.5. Validation of certain deeds executed in other states where seal omitted.
All deeds to lands in North Carolina, executed prior to April
1, 1989, January 1, 1991, without seal attached to the maker's name,
which deeds were acknowledged in another state, the laws of which do not
require a seal for the validity of a conveyance of real property located in
that state, and which deeds have been duly recorded in this State, shall be as
valid to all intents and purposes as if the same had been executed under
seal."
Sec. 7. G.S. 47-108.11 reads as rewritten:
"§ 47-108.11. Validation of recorded instruments where seals have been omitted.
In all cases of any deed, deed of trust, mortgage, lien or other instrument authorized or required to be registered in the office of the register of deeds of any county in this State where it appears of record or it appears that from said instrument, as recorded in the office of the register of deeds of any county in the State, there has been omitted from said recorded or registered instrument the word 'seal,' 'notarial seal' and that any of said recorded or registered instruments shows or recites that the grantor or grantors 'have hereunto fixed or set their hands and seals' and the signature of the grantor or grantors appears without a seal thereafter or on the recorded or registered instrument or in all cases where it appears there is an attesting clause which recites 'signed, sealed and delivered in the presence of,' and the signature of the grantor or grantors appears on the recorded or registered instrument without any seal appearing thereafter or of record, then all such deeds, mortgages, deeds of trust, liens or other instruments, and the registration of same in the office of the register of deeds, are hereby declared to be in all respects valid and binding and are hereby made in all respects valid and binding to the same extent as if the word 'seal' or 'notarial seal' had not been omitted, and the registration and recording of such instruments in the office of the register of deeds in any county in this State are hereby declared to be valid, proper, legal and binding registrations.
This section shall not apply in any respect to any instrument
recorded or registered subsequent to April 1, 1989, January 1, 1991, or
to pending litigation or to any such instruments now directly or indirectly
involved in pending litigation."
Sec. 8. G.S. 28A-14-1.1(b) reads as rewritten:
"(b) This section applies
to all notices published and posted between October 1, 1975, and March 16,
1989, January 1, 1991, except that it does not affect any pending
litigation or any litigation instituted within 90 days of March 16, 1989. January
1, 1991."
Sec. 9. G.S. 10-12(d) reads as rewritten:
"(d) This section shall
apply to notarial acts prior to April 1, 1989. January 1, 1991."
Sec. 10. G.S. 45-21.47 reads as rewritten:
"§ 45-21.47. Validation of foreclosure sales when trustee is officer of owner of debt.
All sales of real property made prior to June 1, 1989, January
1, 1991, under a power of sale contained in a mortgage or deed of trust for
which the trustee was an officer, director, attorney, agent, or employee of the
owner of all or part of the debt secured by the mortgage or deed of trust are
validated and have the same effect as if the trustee had not been an officer,
director, attorney, agent, or employee of the owner of the debt unless an
action to set aside the foreclosure is commenced within one year after June
1, 1989. January 1, 1991."
Sec. 11. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 2nd day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives