Frequently Asked Questions - Maureen P. Purcell
How can a father’s info be added to a birth certificate?
Paternity can be established in two ways – voluntarily or by court action. To voluntarily add a father’s name to a Birth Certificate, both the Mother and Father complete a form known as an Affidavit of Parentage at the Clerk of Court’s office (704-832-6600). Once completed, the document is then submitted to the State Department of Vital Records to amend the Birth Certificate. If there are any doubts about who is the father of the child, neither party should sign an Affidavit of Parentage.
In a court action, a court of law establishes the paternity of the child. Our office cannot assist you with filing a court action to determine paternity. You may want to consult with a licensed attorney.
|Can I obtain a copy of a birth certificate from your office?||The Iredell Register Deeds office maintains birth certificates for births that occurred in Iredell County only. The NC Department of Vital records maintains birth records for all births that occurred in the State of NC. If you were born in Iredell County, and were not adopted, you can obtain a birth certificate from either our Mooresville or Statesville office. Certificates from our office can be purchased over the counter, or by mail, fax, email or online. The Iredell County Register of Deeds has access to birth certificates in the statewide vital records database (all 100 counties) for persons born after 1971 and who are not adopted. The fee for an out-of-county birth certificate is $24. This service is available only in our Statesville location. If you do not fit the criteria previously mentioned, you can order a certificate from another county. You will need to contact the Register of Deeds of that county or the NC Department of Vital Records.
|I lost my ID. How can I get a Birth Certificate?||
You may have your current spouse, parent/step parent, child/step child, grandparent, sister/brother or an authorized agent, attorney or legal representative obtain it for you. They are required to have a valid photo I.D. (i.e. – driver’s license or I.D. card issued by the DMV, or a valid passport). Forms may be obtained in our offices or from the Forms & Applications link on our website.
You may also go to the N.C. Division of Motor Vehicles website http://ncdot.gov/dmv/online/ to obtain a duplicate driver’s license without obtaining a birth certificate. This will save you $10.
|I was born in Iredell county, but I was adopted. How can I obtain my birth certificate?||Your birth record is in Raleigh. You may obtain an order form from the NC Department of Vital Records @ http://vitalrecords.nc.gov/.|
I have just paid off my mortgage. When will I get my deed?
|You should already have your deed from your closing. If you've misplaced your deed, please contact our office and we'll be happy to email or mail (mail requires a fee) a copy of your deed to you.
When you have paid off your mortgage, your lender will send us a document called a Certificate of Satisfaction to be registered. This Certificate of Satisfaction releases a security instrument that is on file against your property. Typically lenders request that we send this Satisfaction document back to them after recording. If you haven't received your copy from your lender, please call us and we'll be happy to email or mail (mail requires a fee) a copy to you.
|How do I add or remove a name from a deed?||
In order to convey interest in real property in North Carolina, a new deed must be drafted, notarized and recorded in the Register of Deeds office of the county where the property is located.
|I’m trying to find out who owns a piece of property. How do I find that?
||You can find out who owns a property by using the tax offices online GIS Real Estate Maps. Call them if you need help using this system. Their number is (704) 878-3020|
|I am having a boundary dispute with a neighbor, who do I contact?
||If a plat has been recorded by you or a previous owner of your property, we can issue copies of what we have on record. We can also issue a copy of your deed that contains the legal description of where your land is located. However, we cannot offer any legal advice on how to handle a property dispute between private individuals or companies. You may want to contact a surveyor or attorney for more information.|
|Does your office search titles?
||No. North Carolina General Statutes § 84-4 and § 84-5 specifically prohibits our office from performing title searches or giving title opinions.|
|Who is responsible for road maintenance in a subdivision or planned community?
||Until responsibility for road maintenance is lawfully transferred to the NC Dept of Transportation, either the developer or the owners will be responsible. However, if the roads are private or the developer becomes insolvent or dissolved, usually the owners alone will be responsible.|
|What is the difference between a deed and a deed of trust?
||A deed is a document that transfers interest in property, typically from the seller to the buyer. A deed of trust is an arrangement among three parties: the borrower, the lender, and an impartial trustee. In exchange for a loan of money from the lender, the borrower places legal title to real property in the hands of the trustee who holds it for the benefit of the lender, named in the deed as the beneficiary. The borrower retains equitable title to, and possession of, the property.|
|What can I as an owner do if my HOA is not performing its duties or if other owners violate our restrictive covenants or bylaws?
||Your remedy is to sue the association and/or offending property owners in court for an order compelling them to abide by all lawful covenants and bylaws. But remember, these are private rights of action that you must assert on your own. No state or county agency, other than the court system, can determine or enforce an owner’s rights.|
|How do I find out if there is a judgment or lien against my home/property?||Judgments and liens are filed at the Iredell Clerk of Court (704) 832-6600. If a judgment is entered against you stating that you owe money to a party and you want to pay the amount owed, it is safer to pay the money to the Clerk of Court rather than directly to that party. If you do pay the party directly, make sure he or she notifies the Clerk so the judgment will not continue to be listed against you. If you cannot or do not pay the judgment, the plaintiff may have two forms served on you: (1) a “Notice of Rights”, and (2) a “Motion to Claim Exempt Property”. The notices will tell you that you must claim your exemptions or they will be waived. Exemptions are properties the law allows you to keep and which cannot be taken from you to pay off a judgment against you. If you fail to claim exemptions, the sheriff will be able to seize and sell any land or personal property that is not exempt. The “Motion to Claim Exempt Property” is the form on which you claim your exemptions. It tells you how much property you may exempt.
A judgment is valid for ten years and may be extended another ten years. It becomes a lien on any land you own at the time the judgment is entered or any land you buy or acquire in the next ten years. You cannot sell this land without first paying the judgment against you.
|What’s the difference between a condo and townhouse?
||Condo unit owners own the inside of their units. Townhouse owners own the complete unit, including exterior surfaces and the land on which the unit is built.|
|Is there a sales tax for transferring real property?
||Excise tax is the tax levied on all conveyances of real property in North Carolina. The rate is $1 per $500 consideration. For example, if someone paid $2,000 for a piece of land, the excise tax due at the time of recording the deed would be $4.00.|
|What is the difference between an Owner's Title Policy and a Lender's Title Policy?
||A Lender's policy is required by the Lender to protect the Lender against problems that may not have been uncovered during a title search prior to sale/exchange of property. An Owner's policy is optional and protects you, the Owner, against problems that may not have been uncovered during a title search prior to sale/exchange of property. It is recommended to have both types of coverage. Title insurance is a one time charge but the policy protects your interests as long as you own the property.|
|I have a problem with the title to my land in North Carolina. What should I do?
||If you have an existing title policy, contact your title insurance company pursuant to the instructions listed in the policy. If you cannot locate your title policy, contact the attorney who conducted your closing. If you do not know the title company or your closing attorney, you may contact an attorney who or a title company that is located in or near the county where the land is located. They may help you file a claim or at least best advise you of your next course of action.|
|How do I obtain a copy of my deed?
||Register of Deeds office will provide a copy of your deed at $.25 per page. If you know the names of the grantors or grantees, the year purchased, and/or information to help us find the document, you may request it by mail or access the online record search. You may also contact us for help on how to find it on our website.|
|How do I obtain a copy of the map to my property?||We can provide a printed copy for $1.00 if it has been recorded. You may also contact us for help on how to find it on our website.|
|I recently became an ordained minister. What do I need to do to perform marriage ceremonies?||Some states require people to register with or be authorized by a government agency before officiating at marriage ceremonies. North Carolina has no such requirement. NC statutes are broad as to who may perform a ceremony, citing a valid and sufficient marriage can be created by an "ordained minister of any religious denomination, a minister authorized by a church or a magistrate."
However, in 1980, the North Carolina Supreme Court (State v. Lynch, 301 N.C. 479 1980) held that a marriage performed by a minister of the Universal Life Church was not a valid marriage. The defendant in that case had previously been convicted of bigamy on the basis of evidence that he had married his second wife without divorcing his first wife. The lower court rejected his argument that the first marriage was not valid because the ceremony was performed by the bride’s father, whose only relevant qualification was a mail-order certificate of ordination. Later, the supreme court reversed the conviction, saying, a ceremony solemnized by a Roman Catholic layman in the mail order business who bought for $10.00 a mail order certificate giving him “credentials of minister” in the Universal Life Church, Inc. was not a ceremony of marriage to be recognized for purposes of a bigamy prosecution in the State of North Carolina.
The year after the Lynch case was decided, the legislature passed a law validating any North Carolina marriage ceremony performed by a minister of the Universal Life Church before July 3, 1981, if the marriage “would have been valid if performed by an official authorized by law to perform wedding ceremonies.” This statute says nothing about marriages performed by Universal Life Church ministers after July 3, 1981, but its language certainly implies that a minister of the Universal Life Church is not “an official authorized by law to perform wedding ceremonies” in North Carolina.
One might conclude that ordainment credentials obtained from an online service, similar to the terms of the Universal Life Church’s mail order service, may not be sufficient.
|How do I file separation papers?||North Carolina General Statutes § 84-4 and § 84-5 specifically prohibit our office from preparing or aiding in the preparation of separation papers (Class 1 misdemeanor). You may want to consult with a legal professional to prepare a new deed. Both parties will sign the document, and it must be properly notarized. The recording fee is $26.00 for the first fifteen (15) pages and $4.00 for each additional page after.
|How do I obtain a copy of my divorce?||If the divorce was processed in Iredell County, you may obtain a copy of the decree granting your divorce from the clerk of court’s office on the first floor of the courthouse. They can be reached at 704-832-6600.|
|What steps do I take to get married?||Both applicants must personally appear and apply for a license. A license can be issued in any county and the marriage can take place anywhere within the state, but the license must be returned to the county where issued. The license is valid for 60 days. There is no waiting period. The license is issued upon request. No physical is required. Government ID such as a driver’s license, state issued ID, Passport, or Military ID must be presented along with the social security card. There is a fee of $60.00 for the license. An ordained minister or a magistrate may perform the ceremony.
|How do I obtain a copy of my marriage license?||If you applied for a marriage license in Iredell County, you may request a copy by mail, email, fax or in person. You may use the request form located at the top of this website under forms and applications. Copies are available upon return of the original marriage license. Per state law, a certified copy of a marriage license is $10.00.|
|Can anyone access the information contained in the Register of Deeds office?
||Yes. All information is in our office is public record, except military discharges. Information is available online here.|
|For my friends without Internet access, how can they obtain information on the Register of Deeds office?||By dialing (704) 872-7468 or (704) 663-4533, patrons may obtain information about the office by phone.
|What is your mailing address?||211 Constitution Ln, Statesville, NC 28677 &
610 E Center Ave, Mooresville, NC 28115