NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1216

SENATE BILL 755

AN ACT TO AMEND CHAPTER 108 OF THE GENERAL STATUTES, AS IT APPEARS IN CHAPTER 546 OF THE SESSION LAWS OF 1969, TO PROVIDE FOR THE RELEASE OF REALTY FROM WELFARE LIENS BY THE COUNTY COMMISSIONERS.

The General Assembly of North Carolina do enact:

Section 1.  Part 1 of Article 2 of Chapter 108 of the General Statutes, as it appears in Chapter 546 of the Session Laws of 1969, is hereby amended by adding a new section therein, immediately following G.S. 108-37 and immediately before Part 2 of Article 2 entitled "Aid to Families With Dependent Children" as follows:

"G.S. 108-37.1.  Release of realty from the lien; effect of failure to file release in clerk's office. The county commissioners are authorized to release a specific tract or parcel of realty from a lien described in this Article, before or after the termination of a grant of assistance which is the subject of the lien, based upon any circumstances from which the commissioners are satisfied that the release will result in the largest net recovery for the county, State and Federal governments, or a net recovery as large as would be made in any other manner. The release shall be by duly executed resolution which shall recite the reasons for the release and the consideration received therefor. The release shall contain a full description of the tract or parcel released and the nature and extent of the interest of the lienee in the property released. The commissioners shall cause the original or a duly executed copy of the original of the release to be filed and indexed in the office of the clerk of superior court in the same place and manner as is required for liens provided for under this Article. Whether or not in any case the commissioners have, through inadvertence or otherwise, failed to have the release filed and indexed in the office of the clerk, it is hereby expressly provided that except from the time of the filing and indexing of the release in the clerk's office in the same place and manner as is required for liens provided for under this Article, no release of lien provided for herein shall be valid as against any lien creditor, except one whose lien is one released as herein provided, or as against any purchaser for a valuable consideration, whose lien or interest or claim of lien or interest in the property released would be nullified, adversely affected, or diminished by the release."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be effective on and after July 1, 1969.

In the General Assembly read three times and ratified, this the 1st day of July, 1969.