Register of Deeds FAQs
| CANCELLATIONS |
| How can I get my deed of trust cancelled of record? Typically there are four ways to cancel a deed of trust of record. Cancellation by Exhibition - The presentation to the Register of Deeds of both the original deed of trust and the original promissory note. Both must be endorsed by any officer of the lender (beneficiary) with the name of the lender and the date of satisfaction. Satisfaction of Security Instrument - Signed by the secured creditor(beneficiary). This satisfaction form must be notarized. Affidavit of Satisfaction - Signed by an attorney licensed to practice law in the State of North Carolina. The affidavit must be notarized. Trustee's Satisfaction of Deed of Trust - Signed by the Trustee or Substitute Trustee of a Deed of Trust. The Trustee's Satisfaction must be notarized. THERE IS NO FEE FOR PROCESSING A CANCELLATION. |
| Document Standards |
| What are the specific criteria of the new document standards? The recording standards provided for in G.S. 161-14(b) are effective for all instruments EXECUTED ON OR AFTER JULY 1, 2002. After this date, any instrument presented for registration must meet the following requirements: Presented on 8 1/2" x 11" or 8 1/2" x 14" paper Has a blank margin at top of first page of 3" and 1/2" on remaining sides of the first page and all sides of subsequent pages. Be typed or printed in black on white paper in a legible font that is not smaller than 10 points in size Is printed in single-sided pages Indicates the type of instrument at the top of the first page The new requirements permit blanks to be filled in and corrections to be made by hand in pen. |
| If a document executed on or after July 1, 2002 does not meet the new standards, can the document still be recorded? Yes, however, the Register of Deeds will collect a new $25.00 fee for filing a "nonstandard document." This fee will be in addition to the filing fee for the actual recording. The National Standard Form for Uniform Commercial Code (UCC) will be excepted from the "nonstandard document" fee. |
| LAND RECORDS |
| What if I have a question regarding document preparation? You will need to direct your questions to an attorney. We are unable to give legal advice, and cannot prepare deeds or any other documents. |
| What are the requirements for recordation of a deed or deed of trust? The name of the draftsman must appear on the first page of the document. This must be either a law firm or an individual's name. This should be prefaced with the words "Prepared by" or Drawn by". In addition, the first page should contain the name of the person to whom the instrument is to be returned. This should be prefaced with the words "Return to". If you are recording a gift deed, this must be stated on the first page. If the deed is not a gift, you must declare and pay excise tax consideration. The excise tax must be noted on the first page of the deed. Instruments must be properly signed and notarized. The Register of Deeds staff are not notaries. You must have the document complete before presentation for recording. |
| How do I calculate excise tax?
The calculation of excise tax is $1.00 per each $500.00 or a fractional part thereof of the purchase price or value of the property if a trade is negotiated. |
| What is the recording fee of a deed? The filing fee is $19.00 for the first page plus $3.00 for each additional page. In addition, excise tax must be included with the filing fee. In the case of a re-recording or a certified copy of a deed presented for recording, the filing fee is reduced by the $2.00 certification fee. |
| What is the recording fee of a deed of trust? The filing fee is $30.00 for the first page plus $3.00 for each additional page. In the case of a re-recording or a certified copy of a deed of trust presented for recording, the filing fee is reduced by the $2.00 certification fee. |
| How do I find out if there are any liens or judgments on real property? You must call the Clerk of Superior Court located at the Watauga County Courthouse at (828) 265-5364. |
| How do I record a business name under an assumed name? You may complete and record a Certificate of Assumed Name. You must complete the appropriate form: Certificate of Assumed Name of a Sole Proprietorship, Partnership, Limited Partnership OR a Certificate of Assumed Name for a Corporation. The recording fee for either instrument is $14.00. Forms are available at www.nccommerce.com |
| How do I find out who is the owner of a particular piece of property? You will need to contact the Watauga County Tax Mapping Department at (828) 265-8026. |
| MARRIAGE LICENSE APPLICATION |
| What if I do not have a social security number and am not eligible for one? You must complete the Affidavit of Ineligibility and have it properly notarized. You may then present this form and proceed with the marriage license application. You may obtain this form either from our office or download from the forms section of this webside. |
| Are there any blood tests or a physical required for a marriage license? No, there are no medical tests required for a marriage license. |
| I am unable to locate my social security card. Will you accept any other proof of social security number? Yes, any computer-generated form with your name and social security number on it will suffice. Examples would include paycheck stub, W-2, bank statement. |
| Do I need to make an appointment to apply for a marriage license? No, marriage licenses are issued between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday, excluding holidays. Applicants should be in our office by 4:30 p.m. |
| What is the youngest age one can marry in North Carolina? Effective October 1, 2001, the marriage laws (G.S. 51-2A) changed the requirements for marriages of persons 14 & 15. Please call our office at (828) 265-8052 for specific details. |
| What is the cost of a marriage license in North Carolina? The cost is $60.00. |
| MILITARY DISCHARGES |
| How can I obtain a copy of a military discharge? Effective January 1, 2004, G.S. 47-113.2(b)(1), restricts access to military discharge records filed in the past 50 years to all but authorized persons. Specific questions regarding this should be directed to either the local Veterans Services Office (828) 265-8066 or the Register of Deeds Staff (828) 265-8052. Questions can also be directed to the Divison of Veterans Affairs in Raleigh (919) 733-3851. |
| NOTARY PUBLIC COMMISSIONS |
| How can I contact the Secretary of State? You may go the the Secretary of State's website at http://www.sosnc.com Click on Notary Public Section. |
| How do I become a Notary Public? The Watauga campus of Caldwell Community College offers the notary class that is required prior to submission of your initial appointment application. You will receive your initial appointment application from the notary instructor. Class schedules are available from Caldwell Community College at (828) 297-3811. |
| How do I renew my notary and what is the cost? You must submit a re-appointment form to the Secretary of State along with the $50.00 fee. (All initial and re-appointment applications received on or after November 1, 2002) Please allow at least 3 weeks processing time. Once you receive notice from the Secretary of State that your application has been processed (green sheet), you must come to the Watauga County Register of Deeds office to be sworn in. The fee for administering the oath is $10.00. You may download the Application for Reappointment as a North Carolina Notary Public from the Secretary of State's website at http://www.sosnc.com Click on Notary Public Section and scroll down to Notary Forms. |
| How do I change my name and/or address? N.C. Gen. Stat. 10B-50 & 10B-51 states that within 45 days after changing names, a notary shall notify the Secretary of State of the change by submitting a name/address change form. If the county changes due to the address change, the notary may continue to use the seal or stamp for the previous county of commission and at the time of expiration re-apply for the county of residence. There is no fee to the Secretary of State for these changes. Once you receive notice from the Secretary of State that the change has been processed (green sheet), you must come to Watauga County Register of Deeds office to be sworn in. The fee for administering the oath is $10.00. You may downloand the Application of North Carolina Notary Public Change of Name/Address from the Secretary of State's website http://www.sosnc.com |
| UNIFORM COMMERCIAL CODE (UCC'S) |
| When was the Uniform Commercial Code revised? The Uniform Commercial Code Article 9 was revised effective July 1, 2001. The major changes are that only the financial statements that will be filed in the local Register of Deeds office are those in which the collateral is as-extracted collateral, timber to be cut, or fixtures. In addition, the filing fees have increased. |
| What types of UCC's are filed at the local Register of Deeds office as a result of Revised Article 9? Financing statements filed locally are an initial financing statement for fixture filings (related to real property) and an amendment (continuation, assignment, termination) of that same record. If a fixture filing financing statement was filed at the local Register of Deeds office prior to July 1, 2001, a termination of that record will also be filed locally. All other financing statements will be filed at the Secretary of State. |
| What are the new filing fees for UCC's? Filing fees for initial financing statements, correction statements, and all amendments, including terminations: One or Two Pages $38.00(effective 7/15/2003) Three to ten pages $45.00 Over ten pages $45.00 plus $2.00 per page over ten. Fees for providing information (UCC-11) on UCC's filed before July 1, 2001: $30.00 per name searched; $1.00 per copy provided. |
| To whom can I direct my additional questions regarding the Revised Article 9? You may go to the Secretary of State's website at http://www.state.nc.us/secstate for the latest information. |
| VITAL RECORDS |
| What vital records can I access from Watauga County? Watauga County Register of Deeds has birth and death records from 1914 and marriages from 1872. These records are for birth, death and marriages occurring in Watauga County. |
| How do I obtain a certified copy of my birth certificate? You must either come in person to our office with picture identification, or submit a written request. The written request must include full name at birth, date of birth and both parents' names. You MUST SIGN your request, enclose a copy of a government issued picture ID, and give an address where we are to mail the certified copy. The fee for the certified copy must accompany your written request. The request is filled the day we receive it and it goes out in the next business day's mail. Click Here to download the request form. |
| Who may obtain a certified copy of my birth certificate? Only your current spouse, brother/sister, child/step-child or grandchild, parent/step-parent or grandparent, authorized agent, attorney or legal representative is authorized to obtain a certified copy of your birth certificate. Proper picture identification must be presented and the Application for a North Carolina Birth Certificate form completed. |
| What is the cost of a copy of a birth certificate? The cost is $10.00 for each certified copy and .50 for each uncertified copy. |
| How do I obtain a certified copy of a death certificate? You must either come in person with picture identification, or submit a written request. The written request must include name of deceased, date of death, place of death, date of birth, age at time of death and race. You MUST SIGN your request, enclose a copy of a government issued picture ID, and give an address where we are to mail the certified copy. The fee for the certified copy must accompany your written request. The request is filled the day we receive it and it goes out in the next business day's mail. Click Here to download the request form. |
| Who may obtain a certified copy of a death certificate? Only the current spouse, brother/sister, child/step-child or grandchild, parent/step-parent or grandparent, authorized agent, attorney or legal representative is authorized to obtain a certified copy of a death certificate. Proper picture identification must be presented and the appropriate form completed. |
| What is the cost of a copy of a death certificate? The cost is $10.00 for each certified copy and .50 cents for each uncertified copy. |
| How do I obtain a certified copy of my marriage certificate? You must either come in person to our office with picture identification, or submit a written request. The written request must include the groom's name, the brides name at the time of the marriage, date of marriage and place of marriage. You MUST SIGN your request, enclose a copy of a government issued picture ID, and give an address where we are to mail the certified copy. The fee for the certified copy must accompany your written request. The request is filled the day we receive it and it goes out in the next business day's mail. Click Here to download the form. |
| Who may obtain a certified copy of my marriage certificate? Other than the parties of the marriage, only the brother/sister, child/step-child or grandchild, parent/step-parent or grandparent, authorized agent, attorney or legal representative is authorized to obtain a certified copy of a marriage certificate. Proper picture identification must be presented and the appropriate form completed. |
| What is the cost of a copy of a marriage certificate? The cost is $10.00 for each certified copy and .50 cents for each uncertified copy. |
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