North Carolina § 47-46 - 3. Affidavit of lost note.
Full text of North Carolina North Carolina General Statutes § 47-46 — 3. Affidavit of lost note., with citation guidance and answers to common questions.
§ 47-46. 3. Affidavit of lost note.
No particular phrasing is required for an affidavit of lost note pursuant to G.S. 45-36(a)(6) as it was in effect prior to October 1, 2005. The following form, when properly completed, is sufficient to satisfy the requirements for an affidavit of lost note under G.S. 45-37(a)(6) as it was in effect prior to October 1, 2005. AFFIDAVIT OF LOST NOTE [Name of affiant] personally appeared before me in ________________________ County, State of ________________________, and having been duly sworn (or affirmed) made the following affidavit: 1. The affiant is the owner of the note or other indebtedness secured by the deed of trust, mortgage, or other instrument executed by __________________ (grantor, mortgagor), __________________ (trustee), and ________________________ (beneficiary, mortgagee), and recorded in __________________ County at __________________ (book and page); and 2. The note or other indebtedness has been lost and after the exercise of due diligence cannot be located. 3. The affiant certifies that all indebtedness secured by the deed of trust, mortgage, or other instrument was satisfied on __________________, __________________ (date of satisfaction), and the affiant is responsible for cancellation of the same. __________________________________________________________________ (Signature of affiant) Sworn to (or affirmed) and subscribed before me this ________ day of ______________, ________. [Signature and seal of notary public or other official authorized to administer oaths]. History (1995, c. 292, s. 4; 1995 (Reg. Sess., 1996), c. 604, s. 2; c. 742, s. 19; 1999-456, s. 59; 2005-123, s. 6.) Editor's Note. - This section was amended by Session Laws 1995 (Reg. Sess., 1996), c. 604, s. 2, and c. 742, s. 19, the amendments being similar. The section is set out above at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2005-123, s. 6, effective October 1, 2005, rewrote the introductory paragraph.
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 47-46
What does North Carolina General Statutes § 47-46 cover?
Section 47-46 ("3. Affidavit of lost note.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 47-46?
A common citation format is "North Carolina General Statutes § 47-46" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 47-46 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.