North Carolina § 45-36 - 9. Secured creditor to submit satisfaction or release for recording; liability for failure.

§ 45-36. 9. Secured creditor to submit satisfaction or release for recording; liability for failure.

A secured creditor shall submit for recording a satisfaction of a security instrument within 30 days after the creditor receives full payment or performance of the secured obligation. If a security instrument secures a line of credit or future advances, the secured obligation is fully performed only if, in addition to full payment, the secured creditor has received (i) a notification requesting the creditor to terminate the line of credit, (ii) a credit suspension directive, or (iii) a notification containing a clear and unambiguous statement sufficient to terminate the effectiveness of the provision for future advances in the security instrument including, but not limited to, a request to terminate an equity line of credit given pursuant to G.S. 45-82.2 or a notice regarding future advances given pursuant to G.S. 45-82.3. If the conditions stated in a short-pay statement are fully satisfied on or before the short-pay date stated in the short-pay statement, including the payment in full of the short-pay amount and the satisfaction of all other conditions precedent to the release set forth in the short-pay statement, then within 30 days after the short-pay date the secured creditor shall release the property which is the subject of the short-pay statement from the lien of the security instrument. The release of the property may be accomplished by a deed of release, an instrument of full or partial reconveyance, a partial release recorded pursuant to G.S. 45-36.22, the satisfaction of record of the security instrument by any of the means authorized in G.S. 45-37(a), or by any other lawful means. Except as otherwise provided in G.S. 45-36.12, a secured creditor that is required to submit a satisfaction of a security instrument or a release for recording pursuant to this section and does not do so by the end of the period specified in subsection (a) or (a1) of this section is liable to the landowner for any actual damages caused by the failure, but not punitive damages. Except as otherwise provided in subsection (d) of this section and in G.S. 45-36.12, a secured creditor that is required to submit a satisfaction of a security instrument or a release for recording pursuant to this section and does not do so by the end of the period specified in subsection (a) or (a1) of this section is also liable to the landowner for one thousand dollars ($1,000) and any reasonable attorneys' fees and court costs incurred if, after the expiration of the period specified in subsection (a) or (a1) of this section, all of the following occur: The landowner gives the secured creditor a notification, by any method authorized by G.S. 45-36.5 that provides proof of receipt, demanding that the secured creditor submit a satisfaction or release for recording. The secured creditor does not submit a satisfaction or release for recording within 30 days after the secured creditor's receipt of the notification. The security instrument is not satisfied of record by any of the methods provided in G.S. 45-37(a) or the release is not filed within 30 days after the secured creditor's receipt of the notification. Subsection (c) of this section does not apply if the secured creditor received full payment or performance of the secured obligation before October 1, 2005. Repealed by Session Laws 2011-246, s. 3, effective October 1, 2011. The right to receive the additional one thousand dollars ($1,000) is personal to the landowner who gives the secured creditor notification under this subsection and may not be assigned. History (2005-123, s. 1; 2011-246, s. 3; 2011-312, s. 8; 2013-204, s. 2.1.) Effect of Amendments. - Session Laws 2011-246, s. 3, effective October 1, 2011, repealed subsection (e). Session Laws 2011-312, s. 8, effective October 1, 2011, in the section catchline, inserted "or release"; in the last sentence of subsection (a), inserted "(i)," "(ii) a credit suspension directive," "(iii) a notification" and "a clear and unambiguous," and added "including, but not limited to, a request to terminate an equity line of credit given pursuant to G.S. 45-82.2 or a notice regarding future advances given pursuant to G.S. 45-82.3"; and added subsection (a1). Session Laws 2013-204, s. 2.1, effective June 26, 2013, in subsections (b) and (c), added "or a release," "pursuant to this section" and "or (a1)"; added "or release" in subdivisions (c)(1) and (c)(2); and added "or the release is not filed" in subdivision (c)(3).