GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

CHAPTER 543

SENATE BILL 473

AN ACT TO REPEAL G.S. 47-8, TO PROTECT THE EFFICACY OF CERTAIN JUDGMENTS ENTERED IN RELIANCE UPON DOCUMENTS NOTARIZED BY ATTORNEYS AND TO VALIDATE CERTAIN ACTS OF NOTARIES PUBLIC.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 47-8 is repealed.

Sec. 2.  Article 1 of Chapter 47 of the General Statutes is amended by adding a new section to read:

"§ 47-8.1. Certain documents verified by attorneys validated.

Final judgments otherwise proper, entered in actions or proceedings in which the complaints or any other documents were verified in violation of G.S. 47-8 prior to its repeal shall not be void or voidable."

Sec. 3.  Chapter 10 of the General Statutes is amended by adding a new section to read:

"§ 10-18.  Acts of notaries concerning certain deeds of trust validated.

All deeds of trust recorded prior to January 1, 1991, in which the notary public was named in the document as a trustee only are hereby validated."

Sec. 4.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 4th day of July, 1991.

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James C. Gardner

President of the Senate

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Daniel Blue, Jr.

Speaker of the House of Representatives