Durham County Register of Deeds: How to Search Real Estate Records in Durham, NC
How to search Durham County, NC deeds and deeds of trust online, what the Register of Deeds charges, what its index leaves out, and where liens are kept.
Quick answer
The Durham County Register of Deeds records deeds, deeds of trust, plats and other real estate documents at 201 East Main Street, Durham. Its online search covers all real estate documents except the historical record and the condo, corporate, mortgage and plat books. Judgments and contractor claims of lien are filed with the Clerk of Superior Court instead.
What does the Durham County Register of Deeds do?
The Durham County Register of Deeds lists its responsibilities as maintaining titles and records for the county, including deeds and deeds of trust, land titles, plats and transaction records, along with vital records and assumed business names. Its office is on the 2nd floor of Durham County Administration Building II, 201 East Main Street, Durham, NC 27701, and documents may be recorded Monday to Friday from 8:30 a.m. to 4:45 p.m., except holidays.
In North Carolina a home loan is usually secured by a deed of trust rather than a mortgage. The borrower conveys the property to a trustee as security, and the lender is the beneficiary. Our article on deed of trust vs mortgage explains the difference. For a title question in Durham, the two documents you will look at most are the deed that gave the owner title and every deed of trust recorded against that owner.
Definition
Register of Deeds — The county office in North Carolina that records and indexes deeds, deeds of trust, plats and other instruments affecting land, so that anyone can find them and so that their order of recording can be proved.
How do you search Durham County real estate records online?
The Register of Deeds runs a self-service search at rodweb.dconc.gov. You accept a disclaimer before you can search. The order below works for most residential questions.
Get the owner name and parcel from the tax office
Durham County Tax Administration lists and assesses real property, maintains the property maps and handles ownership changes. Start with its Real Property Record Search to identify the parcel and the owner the county lists, so you know which names to search.
Search the owner as grantee to find the vesting deed
The vesting deed is the deed that put title in the current owner. Search the owner's name as the grantee (the party receiving title), open the most recent deed, and note its book and page and the date it was recorded.
Search the owner as grantor for deeds of trust
On a deed of trust the owner signs as grantor. Search the owner's name for every deed of trust recorded after the vesting deed, plus assignments, substitutions of trustee and any notice of foreclosure.
Look for the satisfaction of each deed of trust
A paid loan should have a recorded satisfaction. Pair each deed of trust with its satisfaction by book and page, lender and borrower. A deed of trust with no recorded satisfaction is still of record, whatever its real balance.
Walk the chain back
Each deed usually cites the deed before it. Follow those book and page references to the prior owners. For the older books that are not online, the Register says the certified record, including historical indexes, is available at the office.
Which Durham County records are online and which are not?
The disclaimer on the search site is specific. It says: "All real estate documents are accessible online with the following exceptions." The exceptions are listed below.
| Record set | Online? | Note |
|---|---|---|
| Real estate documents in general | Yes | Deeds, deeds of trust, satisfactions and other recorded instruments |
| Historical record | No | Available at the office |
| Condo books | No | Available at the office |
| Corporate books | No | Available at the office |
| Mortgage books | No | Available at the office |
| Plat books | No | Some historic plat books numbered 1 to 31 are split into A and B books, so add the letter when searching |
What does the Durham County Register of Deeds charge?
Register of deeds fees in North Carolina are set by G.S. 161-10, which says the fees "shall be uniform throughout the State." Durham's posted schedule matches the statute.
| Service | Fee |
|---|---|
| Recording a deed or other instrument (not a deed of trust) | $26 for the first 15 pages, $4 each additional page |
| Recording a deed of trust or mortgage | $64 for the first 35 pages, $4 each additional page |
| Satisfaction of a deed of trust or mortgage | No fee |
| Plat | $21 per sheet |
| Nonstandard document | $25 extra |
| Certified copy | $5 first page, $2 each additional page |
What is the North Carolina excise tax on a deed?
On top of the recording fee, a deed that conveys an interest in real property carries an excise tax under G.S. 105-228.30. The rate is $1 for each $500, or fractional part of $500, of the consideration or value. The transferor (the seller) pays it to the register of deeds before the deed is recorded. On a $400,000 sale that comes to $800.
The person presenting the deed must report the tax due, and the register of deeds marks the deed to show the tax paid (G.S. 105-228.32). That marking is why a recorded North Carolina deed shows the excise tax paid. G.S. 105-228.29 exempts some transfers, including gifts, transfers by will or intestacy, transfers where no consideration is paid, and instruments securing a debt such as a deed of trust.
Why does the order of recording matter in North Carolina?
Under G.S. 47-18, a conveyance of land is not valid against lien creditors or purchasers for value except from the time of its registration in the county where the land lies, and instruments registered with the register of deeds have priority in the order of registration. An unrecorded deed can lose to a later buyer for value who records first.
Payoffs have their own rule. Under G.S. 45-36.9, a secured creditor must submit a satisfaction for recording within 30 days after receiving full payment. If it does not, the landowner can send a demand, and a creditor that still fails to act within 30 days of receiving it can owe $1,000 plus reasonable attorneys' fees, on top of actual damages.
What will you not find at the Durham County Register of Deeds?
- Judgments. Under G.S. 1-234 the clerk of superior court indexes and records a money judgment on the judgment docket, and it is a lien on the debtor's real property in that county for 10 years.
- Contractor and supplier liens. G.S. 44A-12 says: "All claims of lien on real property must be filed in the office of the clerk of superior court in each county where the real property subject to the claim of lien on real property is located." They are not in the deed index.
- Estates and wills. The Register of Deeds site sends wills and estates to the Clerk of the Superior Court.
- Unpaid property taxes. Tax Administration collects current and delinquent taxes and publishes its own tax bill search and delinquent taxpayer list.
- Corrections to a recorded document. The Register says it has no authority to correct, infer or alter an error on a recorded instrument, and that all documents are recorded and indexed as presented.
Index errors and recording alerts
Where does a title search fit?
A Register of Deeds search tells you what was recorded. A title search adds the work of putting the deeds, deeds of trust, satisfactions and liens in order, and then checking the court records the deed index does not hold. Neither is title insurance or legal advice. In a purchase, an attorney or title insurer decides what the record means for the deal.
HeritageDeed runs records searches in Durham County: a $49 report. The Durham County title search page lists exactly what the report checks and what it leaves out. For how the office fits into recording generally, see what a register of deeds does.
Key takeaways
Key takeaways
- The Durham County Register of Deeds records deeds, deeds of trust and plats at 201 East Main Street, Durham.
- Its online search covers all real estate documents except the historical record and the condo, corporate, mortgage and plat books.
- Recording fees are set statewide by G.S. 161-10: $26 for a deed, $64 for a deed of trust, nothing for a satisfaction.
- North Carolina excise tax on a deed is $1 per $500 of value, paid by the seller before recording.
- Judgments and contractor claims of lien are filed with the Clerk of Superior Court, not the Register of Deeds.
Frequently asked questions
- How do I search Durham County deeds online?
- Use the Register of Deeds self-service search at rodweb.dconc.gov and accept the disclaimer. Search the owner's name as grantee to find the deed that gave them title, then as grantor to find deeds of trust. The condo, corporate, mortgage and plat books and the historical record are at the office.
- Where is the Durham County Register of Deeds office?
- On the 2nd floor of Durham County Administration Building II, 201 East Main Street, Durham, NC 27701. Documents may be recorded Monday to Friday, 8:30 a.m. to 4:45 p.m., except holidays. The main phone number is 919-560-0480.
- How much does it cost to record a deed in Durham County?
- $26 for the first 15 pages and $4 for each additional page, under the statewide schedule in G.S. 161-10. A deed of trust costs $64 for the first 35 pages. The seller also pays North Carolina excise tax of $1 per $500 of value.
- How do I get a copy of my deed in Durham County?
- Find it in the online search, then request a copy from the office. The posted fee for a certified copy is $5 for the first page and $2 for each additional page; uncertified copies are charged at the cost the office posts.
- Are liens recorded at the Durham County Register of Deeds?
- Some are, but not all. Money judgments are docketed by the Clerk of Superior Court under G.S. 1-234, and contractor claims of lien are filed with the clerk under G.S. 44A-12. A full lien check needs both offices plus the tax office.
- My deed of trust is paid off. Why does it still show?
- Paying the loan does not remove the recorded deed of trust; a satisfaction must be recorded. G.S. 45-36.9 gives the creditor 30 days after full payment to submit one. Recording a satisfaction carries no fee.
Sources
Primary records and official documentation cited in this article.
- 1Durham County Register of Deeds
- 2Durham County Register of Deeds, Real Estate Records
- 3Durham County Register of Deeds, Self-Service Search disclaimer
- 4Durham County Register of Deeds, Fee Schedule
- 5Durham County Register of Deeds, Document Recording Standards
- 6Durham County Tax Administration
- 7N.C. Gen. Stat. 161-10, Uniform fees of registers of deeds
- 8N.C. Gen. Stat. 105-228.30, Excise tax on conveyances
- 9N.C. Gen. Stat. 105-228.29, Exemptions
- 10N.C. Gen. Stat. 105-228.32, Instrument must be marked
- 11N.C. Gen. Stat. 47-18, Conveyances and registration
- 12N.C. Gen. Stat. 45-36.9, Satisfaction within 30 days
- 13N.C. Gen. Stat. 1-234, Judgment docketing and lien
- 14N.C. Gen. Stat. 44A-12, Filing claim of lien on real property
HeritageDeed provides public-record search reports only. Reports do not constitute title insurance, an attorney opinion of title, or a title insurance commitment.