Security instruments are documents recorded in the office of the Register of Deeds to provide an interest in real property to secure payment or performance of obligation.  When a document such as a deed of trust or mortgage has been paid, a satisfaction document is filed in order to release the debt against the property.

A copy of the North Carolina Mortgage Satisfaction Act SL 2005-123 SB 734, effective October 1, 2005 may be obtained at:

http://www.ncleg.net/Sessions/2005/Bills/Senate/HTML/S734v5.html

There are several methods of satisfaction:

The original Deed of Trust and original Promissory Note may be submitted to the office of the Register of Deeds for cancellation.  Both the Deed of Trust and Note must be marked “Paid in Full and Satisfied” and must be signed and dated by the beneficiary.

The Trustee or Substitute Trustee may submit a “Trustee’s Satisfaction,” which must be signed by the Trustee or Substitute Trustee and acknowledged by a Notary Public.  This document must contain all the information required by N.C.G.S. 45-36.20 and 45-37(a)(7).

 Certificate of Satisfaction or Satisfaction of Security Instrument may be filed, which must be signed by the beneficiary or secured creditor and notarized by a Notary Public.  This document must contain all the information required by N.C.G.S.45-36-10 and 45-37(a)(7).

A North Carolina licensed attorney may submit an Affidavit of Satisfaction, signed by the attorney.  This affidavit must be notarized.

NO FEES ARE REQUIRED TO FILE A DOCUMENT OF SATISFACTION.