State records guide
Title research in North Carolina
Facts below are taken from North Carolina statutes and official sources, each linked, each checked on the date shown. General information, not legal advice.
A North Carolina title search runs through the register of deeds in one of 100 counties, where priority generally follows the order of registration. Lenders foreclose under a power of sale after a clerk's hearing, and sales stay open to upset bids for 10 days. Unpaid taxes are foreclosed by court action or an in rem judgment.
What a North Carolina title search has to account for
| Where deeds are recorded | Deeds, deeds of trust and other land instruments are registered with the register of deeds of the county where the land lies. A conveyance, contract to convey, option or lease of land for more than three years passes no interest against lien creditors or purchasers for value until it is registered. Unless otherwise stated, registered instruments rank by the order of registration. Source: N.C. Gen. Stat. s. 47-18, checked 2026-11-06. |
|---|---|
| Recording jurisdictions | The state has 100 counties, so the search is run in the county where the parcel sits. Source: U.S. Census Bureau, North Carolina state and local geography guide, checked 2026-11-06. |
| Mortgage foreclosure process | A trustee or mortgagee with a power of sale must first file a notice of hearing with the clerk of court and serve it on the persons the section lists. The clerk authorizes the sale after finding a valid debt held by the foreclosing party, a default, a right to foreclose under the instrument and notice to those entitled to it, with further findings for certain home loans. Source: N.C. Gen. Stat. s. 45-21.16, checked 2026-11-06. |
| Redemption after a mortgage foreclosure sale | The statute keeps the sale open: any person may file an upset bid with the clerk within 10 days after the report of sale, raising the price by at least five percent and never less than seven hundred fifty dollars. Each upset bid starts another 10-day period, and the rights of the parties become fixed when a period passes with no new bid. A separate section ends the power of sale if the debt and expenses are paid or tendered before then. Source: N.C. Gen. Stat. s. 45-21.27, checked 2026-11-06. |
| Delinquent property tax sales | A taxing unit may foreclose its tax lien through a court action in the nature of a mortgage foreclosure, filed in the county where the land is situated. The owner of record and any spouse, other taxing units and other lienholders of record are made parties and served, while a trustee in a deed of trust is not. A separate section allows an in rem route. Tax deed sales after a court or in rem tax lien foreclosure, with upset bids and confirmation, section by section. Source: N.C. Gen. Stat. s. 105-374, checked 2026-11-06. |
| Redemption after a tax sale | The property can be redeemed before the court confirms the foreclosure sale. The person redeeming must pay at least all taxes that have become due to the foreclosing taxing unit, plus penalties, interest and costs, before the action is discontinued. Source: N.C. Gen. Stat. s. 105-374(e), checked 2026-11-06. |
| Transfer-on-death deed | North Carolina's Uniform Transfer on Death Security Registration Act defines beneficiary form as a registration of a security. A search of the General Statutes found no section creating a transfer on death deed for land. Whether North Carolina has a transfer on death deed, and the spouse's elective life estate, section by section. Source: G.S. 41-40, North Carolina General Statutes, checked 2026-11-08. |
| Marital property system | On application of a party the court determines what is marital and divisible property and distributes it equitably, starting from an equal division by net value unless the court determines an equal division is not equitable. North Carolina community property and entirety rules, section by section. Source: N.C. Gen. Stat. s. 50-20, checked 2026-11-06. |
| HOA assessment lien priority | A planned community association's claim of lien is filed with the clerk of superior court and is prior to all liens on the lot except those recorded before the filing, including a mortgage or deed of trust, and liens for real estate taxes and governmental assessments. The lien is extinguished unless enforcement proceedings begin within three years after the claim is filed. Source: N.C. Gen. Stat. s. 47F-3-116, checked 2026-11-06. |
Where are North Carolina deeds registered?
G.S. 161-1 provides for a register of deeds in each county, and North Carolina has 100 of them. G.S. 47-18 says a conveyance, contract to convey, option or lease of land for more than three years passes no interest against lien creditors or purchasers for value until it is registered in the county where the land lies, or in each county if the land lies in more than one. Deeds of trust and mortgages have a parallel section, G.S. 47-20.
Unless a registered instrument states otherwise, G.S. 47-18 ranks registered instruments by the order of registration, and G.S. 161-14 has the register endorse the day and hour each was presented. Some claims sit outside that order: G.S. 105-356 makes the lien of property taxes superior to other liens regardless of when they were acquired, and association claims of lien are filed with the clerk of superior court. The report traces the chain of title as far back as the county's records go, with document images of the key instruments, and verifies findings with the assessor, tax office, recorder and courts.
How does a North Carolina power of sale foreclosure work?
A foreclosure by power of sale starts with a notice of hearing filed with the clerk of superior court. G.S. 45-21.16 has it served on the persons the instrument names for notice, anyone obligated on the debt, and every record owner, a term that excludes the holders of mortgages, deeds of trust, judgments and other liens. The clerk must find a valid debt held by the foreclosing party, a default, a right to foreclose and notice to those entitled to it, with further findings the section adds for certain home loans. Subsection (f) allows a waiver in the cases it describes.
The sale stays open after the auction. G.S. 45-21.27 lets any person raise the reported price by at least five percent, with a minimum increase of seven hundred fifty dollars, by depositing with the clerk at least five percent of the upset bid and no less than seven hundred fifty dollars, by the tenth day after the report of sale. Each new upset bid opens another period, and the rights of the parties become fixed when a period closes with no new bid. The section adds compliance bonds and a rule for a tenth day when the office is closed. Under G.S. 45-21.20, paying or tendering the debt and the sale expenses before the sale, or before the upset period expires, terminates the power of sale. An auction title report reports the foreclosing lien's position and the liens that would survive, in dollars, for the bidder's attorney.
How are unpaid property taxes collected in North Carolina?
The real property tax lien is enforced by foreclosure, and the sections cited here do not sell tax lien certificates. Two routes exist. G.S. 105-374 is an action in the nature of a mortgage foreclosure, in the county where the land sits. The owner of record and any spouse, other taxing units with liens, other lienholders of record and those entitled to be parties to a mortgage foreclosure are made parties and served with a summons, while a trustee in a deed of trust is not. G.S. 105-375 is an alternative in rem route, where the tax collector files a certificate with the clerk that is docketed as a judgment.
In a section 105-374 action, redemption runs until the sale is confirmed. The person redeeming must pay at least all taxes due to the plaintiff unit, plus penalties, interest and costs, before the action is discontinued. Our North Carolina tax sale page covers the sale steps on each route. The report states the surviving liens, taxes and assessments in dollars for the buyer's attorney, who reads the court file for who was served.
How does title pass when a North Carolina owner dies?
G.S. 28A-15-2 vests title to a decedent's real property in the heirs as of the time of death, and title devised under a valid probated will vests in the devisees and relates back to the death, subject to G.S. 31-39. Title held with a right of survivorship is a separate question. A surviving spouse may elect a life estate under G.S. 29-30 in one third in value of the real estate the deceased spouse held during the marriage, with exceptions, including a waiver by joining in the deed. Our North Carolina transfer on death page covers that topic. A probate title search finds the decedent's property by name and reports vesting at death, how title passes and the liens to pay.
Marital property follows G.S. 50-20. A claim may be filed under G.S. 50-21 at any time after the spouses begin to live separate and apart, and section 50-20(d) allows agreements. The report states the registered deeds and any judgment it finds, and an attorney reads the effect.
Does an HOA claim of lien outrank a mortgage in North Carolina?
Not a mortgage or deed of trust recorded first. G.S. 47F-3-116(d) makes an association's claim of lien, filed in the office of the clerk of superior court, prior to all liens and encumbrances on a lot except those recorded before the filing, specifically including a mortgage or deed of trust, and liens for real estate taxes and other governmental assessments and charges. A mortgage recorded after the filing is outranked, and the subsection does not affect mechanics' or materialmen's liens.
The section gives the association no block of months ahead of the first lender. It extinguishes a lien unless proceedings to enforce it begin within three years after the filing of the claim of lien, so a claim can sit in the clerk's index after that time has run. G.S. 47F-1-102 sets the chapter's reach, excluding some communities created on or after January 1, 1999, those of no more than 20 lots or with only nonresidential lots, unless the declaration provides otherwise. Condominiums follow G.S. 47C-3-116. A buyer or auction report states any association lien it finds, with its date.
Which package fits a North Carolina property?
Every package covers North Carolina property wherever it is recorded. Pick by situation:
- Probate law firm: Find every property a decedent held, how it was vested and what has to be paid before it passes. $595 per estate.
- Real estate law firm: A preliminary report with schedule-style exceptions and print-ready exhibits for your matter. $695 per property.
- Builders and developers: Multi-parcel research on access, easements, restrictions, mineral reservations and entity ownership. $995 first parcel.
- Auction buyer: Know the total cost to own, which liens survive the sale and whether to bid at all. $395 for 1 property.
- Home buyer: Confirm the seller owns the home and learn what has to be cleared before you pay. $449 per property.
- Home seller: Find the old mortgage, judgment or name mismatch before a buyer's title company does. $449 per property.
Questions about North Carolina title research
Which office records deeds in North Carolina?
The register of deeds in each of North Carolina's 100 counties registers deeds, deeds of trust and other land instruments. G.S. 47-18 says a conveyance passes no interest against lien creditors or purchasers for value until it is registered in the county where the land lies, and unless otherwise stated, registered instruments rank by the order of registration. Association claims of lien are filed with the clerk of superior court.
Does a North Carolina foreclosure require a court hearing?
A power of sale foreclosure calls for a hearing before the clerk of superior court, unless it is validly waived under subsection (f). The trustee or mortgagee files a notice of hearing and serves it, and the clerk must find a valid debt held by the foreclosing party, a default, a right to foreclose and notice to those entitled to it, plus further findings for certain home loans.
What is an upset bid in a North Carolina foreclosure?
An upset bid is a raised bid filed with the clerk of superior court within 10 days after the report of sale. It must exceed the reported price by at least five percent, and by no less than seven hundred fifty dollars, with a deposit of at least five percent of the upset bid. Each upset bid opens another 10-day period, and the rights of the parties become fixed when a period passes with no new bid.
Who is served in a North Carolina tax lien foreclosure?
In an action under G.S. 105-374, the owner of record and any spouse, other taxing units with liens, other lienholders of record and those entitled to be parties to a mortgage foreclosure are made parties and served; a trustee in a deed of trust is not. G.S. 105-375 is an alternative in rem route by a certificate docketed with the clerk, in place of that procedure.
How does North Carolina divide property on divorce?
G.S. 50-20 has the court determine what is marital and divisible property and divide it equally by net value unless it determines an equal division is not equitable. A claim may be filed once the spouses begin to live separate and apart, and agreements are allowed. The report states the registered deeds and any judgment it finds, and an attorney reads the effect on title.
Does a North Carolina HOA lien take priority over a mortgage?
Not over a mortgage or deed of trust recorded before the claim of lien was filed. A planned community association's claim of lien, filed with the clerk of superior court, is otherwise prior to all liens on the lot except earlier recorded liens and liens for real estate taxes and governmental assessments. There is no block of months ahead of the lender, and the lien ends unless enforcement begins within three years after filing.