N.C. Gen. Stat. » Chapter 10B

N.C. Gen. Stat. § 10B-68

Technical defects cured

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(a) Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document.

(b) Defects in the commissioning or recommissioning of a notary that are approved by the Department are cured. This subsection applies to commissions and recommissions issued on or after December 1, 2005.

(c) As used in this section, a technical defect includes those cured under G.S. 10B-37(f) and G.S. 10B-67. Other technical defects include, but are not limited to, the absence of the legible appearance of the notary's name exactly as shown on the notary's commission as required in G.S. 10B-20(b), the affixation of the notary's seal near the signature of the principal or subscribing witness rather than near the notary's signature, minor typographical mistakes in the spelling of the principal's name, the failure to acknowledge the principal's name exactly as signed by including or omitting initials, or the failure to specify the principal's title or office, if any. (2006-59, s. 24; 2006-199, s. 2; 2013-204, s. 1.7.)

 

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2019–2021 · leading case: In re C.N.R.
Sort: Relevance Newest Treatment
In re C.N.R. (2021) nc · cites it 6× “; see also N.C.G.S. § 10B-68(a) (2019) (providing that “[t]echnical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document”).”
In re C.N.R. (2021) nc · cites it 6× “; see also N.C.G.S. § 10B-68(a) (2019) (providing that “[t]echnical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document”).”
Bruton v. First Citizens Bank & Trust Company (2021) ncmb · cites it 3× “9 This statute, the Plaintiff argues, “dictates (by negative implication) that the omission of a signor’s 8 See N.C. Gen. Stat. § 10B-68(c) (“Other technical defects include, but are not limited to …” (emphasis added)).”
Mullaney v. Bank of America, National Association, as successor by merger to Merrill Lynch Bank USA (2019) nced · cites it 2× “Mullaney from the notarial certificate is a “technical defect” under N.C. Gen. Stat. § 10B-68, as urged in the alternative by appellees, the court does not reach the parties’ arguments with respect to that provision.”
— N.C. Gen. Stat. § 10B-68(a) — 2 cases
In re C.N.R. (2021) nc “; see also N.C.G.S. § 10B-68(a) (2019) (providing that “[t]echnical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document”).”
In re C.N.R. (2021) nc “; see also N.C.G.S. § 10B-68(a) (2019) (providing that “[t]echnical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document”).”
— N.C. Gen. Stat. § 10B-68(c) — 3 cases
In re C.N.R. (2021) nc “; see also N.C.G.S. § 10B-68(a) (2019) (providing that “[t]echnical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document”).”
Bruton v. First Citizens Bank & Trust Company (2021) ncmb “9 This statute, the Plaintiff argues, “dictates (by negative implication) that the omission of a signor’s 8 See N.C. Gen. Stat. § 10B-68(c) (“Other technical defects include, but are not limited to …” (emphasis added)).”
In re C.N.R. (2021) nc “; see also N.C.G.S. § 10B-68(a) (2019) (providing that “[t]echnical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document”).”
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