North Carolina § 161-22 - Index of registered instruments.

§ 161-22. Index of registered instruments.

Except as otherwise provided by statute, the register of deeds shall provide and keep in the register's office full and complete alphabetical indexes of the names of the parties to all liens, grants, deeds, mortgages, bonds, and other instruments required or authorized to be registered, and the indexes shall state in full the names of all parties, whether grantors, grantees, vendors, vendees, obligors, or obligees. The full names of parties shall be entered in the indexes in accordance with the minimum indexing standards adopted pursuant to G.S. 147-54.3(b) and (b1). Reference shall be made, opposite each name, to the book and page or other location where the instrument is registered. All instruments shall be indexed on either the temporary or permanent index within 24 hours of registration. The register of deeds is not required to index an instrument that is part of a document containing multiple instruments, as defined in G.S. 161-10(a)(1), unless the title of that instrument is shown on the first page of the document and the additional registration fee is paid as required by G.S. 161-10(a)(1). Repealed by Session Laws 2008-194, s. 7(e), effective August 8, 2008. Repealed by Session Laws 2008-194, s. 7(e), effective July 1, 2008. Deeds of trust may be indexed in the names of the grantor and beneficiary only. Certificates filed for recording pursuant to G.S. 59-2, the Uniform Limited Partnership Act, shall be indexed only under the names of the partnership and each of the general partners. The register of deeds shall cause a statement to be affixed or printed on the index page of the book or books in which limited partnership agreements are filed that the documents are indexed only in the names of the partnership and of each of the general partners. The alphabetical indexes required by this section may be maintained in index books, on index cards, on film, or in computers or other automated data-processing machines. If the index is maintained in a computer or other automated data processing machine, the register of deeds shall, at least once each month, obtain from the computer or other automated data-processing machine a printed copy on paper or film, or a tape or disk, of all index entries made since the previous printed or filmed copy, or tape or disk, was obtained. These printed or filmed copies, tapes or disks, shall be retained as security copies and may not be altered or destroyed until a subsequent security copy is made containing the index entries from all previous security copies. The register of deeds may adopt rules establishing indexing procedures and the format of the indexes. The rules shall conform with the requirements of this section and of other applicable statutes. The rules may address such subjects, by way of example and not limitation, as the indexing of business firms, the indexing of names containing numerals, and the indexing of government agencies. The rules shall be posted in at least two prominent places in the office of register of deeds and shall also be placed near the index books or in user manuals in offices using automated indexing systems. No instrument shall be deemed registered until it has been indexed in a manner to put a reasonably careful and prudent examiner on notice upon inquiry, and, if upon inquiry, the instrument would have been found. Repealed by Session Laws 2008-194, s. 7(e), effective August 8, 2008. History (1876-7, c. 93, s. 1; Code, s. 3664; 1899, c. 501; Rev., ss. 2665, 3600; C.S., s. 3561; 1929, c. 327, s. 2; 1967, cc. 443, 1262; 1973, c. 1136, ss. 1, 2; 1983, c. 127; c. 699, ss. 1, 3; 1989, c. 523, s. 2; 1993, c. 178, ss. 1, 2, 4, 5; c. 539, s. 1096; 1994, Ex. Sess., c. 24, s. 14(c); 2005-123, s. 9; 2008-194, s. 7(e).) Local Modification. - Alamance: 1963, c. 739; 1965, cc. 17, 150; Buncombe: 1971, c. 1069; Duplin: 1963, c. 739; 1965, cc. 17, 150; Forsyth: 1963, c. 739; 1965, cc. 17, 150; 1971, c. 1069; Guilford: 1963, c. 739; 1965, cc. 17, 150; Orange: 1971, c. 1069; Wake and Wayne: 1963, c. 739; 1965, cc. 17, 150. Cross References. - As to the use and confidential nature of actual addresses of Address Confidentiality Program participants by boards of elections for election-related purposes, see G.S. 15C-8. Editor's Note. - Section 59-2, referred to in subsection (e) of this section, was repealed by Session Laws 1985 (Reg. Sess., 1986), c. 989, s. 2, effective October 1, 1986. For the Revised Uniform Limited Partnership Act, see G.S. 59-101 et seq. Session Laws 1993, c. 178, which amended this section, in s. 6 provides: "Index entries made pursuant to G.S. 161-22 prior to the effective date of Sections 1 and 2 of this act that omitted symbols, spaces, commas, hyphens, periods, dashes, or similar punctuation, or that omitted the word 'The' when it was the first word in the name of the party, or that placed the word 'The' at the end of the index entry rather than at the beginning when it was the first word in the name of a party, are hereby declared sufficient and valid." Session Laws 2005-123, s. 9.1, as added by Session Laws 2006-226, s. 28, provides: "The Revisor of Statutes shall cause to be printed at the appropriate locations in the General Statutes all relevant portions of the official comments to the Uniform Residential Mortgage Satisfaction Act and all explanatory comments of the drafters of this act as the Revisor deems appropriate." Effect of Amendments. - Session Laws 2005-123, s. 9, effective October 1, 2005, substituted "beneficiary" for "trustee" in subsection (d). Session Laws 2008-194, s. 7(e), effective August 8, 2008, in subsection (a), in the first sentence, inserted "Except as otherwise provided by statute" at the beginning, substituted "the register's" for "her or his", and made minor grammatical changes, and substituted "register of deeds is not required" for "register of deeds shall not be required" in the last sentence; deleted subsection (b) regarding use of the "Family" index system; made a minor grammatical change in subsection (e); rewrote subsections (g) and (h); and deleted subsection (i), which read: "A violation of this section shall constitute a Class 1 misdemeanor." Session Laws 2008-194, s. 7(e), effective July 1, 2008, deleted subsection (c) regarding appropriate indexing of instruments affecting real and personal property.