NC General Statutes

N.C. Gen. Stat. § 45-36.9 (2026)

Secured creditor to submit satisfaction or release for recording; liability for failure

✓ current as of July 2026

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(a) A secured creditor shall submit for recording a satisfaction of a security instrument within 30 days after the creditor receives full payment or performance of the secured obligation. If a security instrument secures a line of credit or future advances, the secured obligation is fully performed only if, in addition to full payment, the secured creditor has received (i) a notification requesting the creditor to terminate the line of credit, (ii) a credit suspension directive, or (iii) a notification containing a clear and unambiguous statement sufficient to terminate the effectiveness of the provision for future advances in the security instrument including, but not limited to, a request to terminate an equity line of credit given pursuant to G.S. 45-82.2 or a notice regarding future advances given pursuant to G.S. 45-82.3.

(a1) If the conditions stated in a short-pay statement are fully satisfied on or before the short-pay date stated in the short-pay statement, including the payment in full of the short-pay amount and the satisfaction of all other conditions precedent to the release set forth in the short-pay statement, then within 30 days after the short-pay date the secured creditor shall release the property which is the subject of the short-pay statement from the lien of the security instrument. The release of the property may be accomplished by a deed of release, an instrument of full or partial reconveyance, a partial release recorded pursuant to G.S. 45-36.22, the satisfaction of record of the security instrument by any of the means authorized in G.S. 45-37(a), or by any other lawful means.

(b) Except as otherwise provided in G.S. 45-36.12, a secured creditor that is required to submit a satisfaction of a security instrument or a release for recording pursuant to this section and does not do so by the end of the period specified in subsection (a) or (a1) of this section is liable to the landowner for any actual damages caused by the failure, but not punitive damages.

(c) Except as otherwise provided in subsection (d) of this section and in G.S. 45-36.12, a secured creditor that is required to submit a satisfaction of a security instrument or a release for recording pursuant to this section and does not do so by the end of the period specified in subsection (a) or (a1) of this section is also liable to the landowner for one thousand dollars ($1,000) and any reasonable attorneys' fees and court costs incurred if, after the expiration of the period specified in subsection (a) or (a1) of this section, all of the following occur:

(1) The landowner gives the secured creditor a notification, by any method authorized by G.S. 45-36.5 that provides proof of receipt, demanding that the secured creditor submit a satisfaction or release for recording.

(2) The secured creditor does not submit a satisfaction or release for recording within 30 days after the secured creditor's receipt of the notification.

(3) The security instrument is not satisfied of record by any of the methods provided in G.S. 45-37(a) or the release is not filed within 30 days after the secured creditor's receipt of the notification.

The right to receive the additional one thousand dollars ($1,000) is personal to the landowner who gives the secured creditor notification under this subsection and may not be assigned.

(d) Subsection (c) of this section does not apply if the secured creditor received full payment or performance of the secured obligation before October 1, 2005.

(e) Repealed by Session Laws 2011-246, s. 3, effective October 1, 2011. (2005-123, s. 1; 2011-246, s. 3; 2011-312, s. 8; 2013-204, s. 2.1.)

Notes of Decisions

Cited in 5 cases, 2013–2019 · leading case: Wells Fargo Bank, N.A. v. Am. Nat'l Bank & Trust Co., 791 S.E.2d 906 (N.C. Ct. App. 2016).

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Wells Fargo Bank, N.A. v. Am. Nat'l Bank & Trust Co., 791 S.E.2d 906 (N.C. Ct. App. 2016). · cites it 6× “Much of the majority’s analysis is based upon legislative history and canons of statutory construction, although the briefs in this case did not really address legislative history or statutory construction.”

Perry v. Bank of Am., N.A., 796 S.E.2d 799 (N.C. Ct. App. 2017). · cites it 20× “We affirm the trial court's dismissal of the Perrys' claim under N.C. Gen. Stat. § 45-36.9 because it fails to state a claim on which relief can be granted.”

In re the Foreclosure of the Deed of Trust from Manning, 747 S.E.2d 286 (N.C. Ct. App. 2013). · cites it 3× “§ 28A-19-16 which arises from the creditor’s failure to properly preserve its claim, and under N.C.G.S. § 45-36.9 any related deed of trust on property not owned by the Estate that secures such loan shall be satisfied.”

Guilford Cnty. Ex Rel. Thigpen v. Lender Processing Servs., Inc., 2013 NCBC 30 (N.C. Bus. Ct. 2013). · cites it 12× “Plaintiff brings claims ("Claim(s)") against Defendants for (a) Violations of G.S. 45-36.9 – First Claim for Relief, (b) Unfair and Deceptive Trade Practices – Second Claim for Relief and (c) Unjust Enrichment – Third Claim for Relief.”

M&B Props. 3 Bushey Lane VT, LLC v. CWCapital Asset Mgmt. LLC (E.D.N.Y 2019). “9 (“N.C. Gen. Stat. Ann. § 45-36.9”); (6) a violation of Title 27, Section 464 of the Vermont Statutes (“27 V.”

— N.C. Gen. Stat. § 45-36.9(a) — 1 case

Guilford Cnty. Ex Rel. Thigpen v. Lender Processing Servs., Inc., 2013 NCBC 30 (N.C. Bus. Ct. 2013). “Plaintiff brings claims ("Claim(s)") against Defendants for (a) Violations of G.S. 45-36.9 – First Claim for Relief, (b) Unfair and Deceptive Trade Practices – Second Claim for Relief and (c) Unjust Enrichment – Third Claim for Relief.”

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