Experts to examine register of deeds office

By Lisa Majors-Duff

The team - Randolph County Register of Deeds Ann Shaw; both the retired and current directors of the land records management division of the N.C. Secretary of State office, Charles Moore and Rex Minneman, respectively; and Robert Hester, a field representative with the N.C. Association of County Commissioners - agreed to perform an analysis of the register of deeds office at no cost to the county, Jackson County Commission Chairman Stacy Buchanan said Monday. Their examination will take place Thursday and Friday, March 24 and 25.

The move to bring in the consultants followed recent complaints lodged by members of the Jackson County Bar Association who said mistakes being made in the office, which is headed by Register of Deeds Joe Hamilton, have placed the county in jeopardy of civil lawsuits.

Following the two-day review, the team will prepare a management letter for the commissioners and Hamilton, outlining what changes, if any, are needed to improve operations in the office, Buchanan said.

"I'm glad (Hamilton) is willing to allow this team to come in and assess the situation," said Buchanan, who became aware of the situation, along with the rest of the commissioners, during a meeting Feb. 11. That was when county attorney Paul Holt informed them in closed session of the problems in the register's office and the risk to the county.

According to a local lawyer who asked not to be identified, most of the mistakes in the office involve errors in the way documents are filed in the sellers and buyers indexes, which is where lawyers begin title searches, a legal process required by lending institutions prior to most property transfers.

Other mistakes include incorrectly listing the deed book or page where a certain deed or deed of trust is located. In some cases, deeds of trust have not been indexed at all, the lawyer said.

Hamilton, who was sworn in to his second term as register of deeds in December, said last week he approved of the commissioners' plan to bring in the consultants.

"I'm all for it," he said. "I'm all for any kind of improvement that better serves the public."

North Carolina's General Statutes set forth the duties of county registers of deeds in Section 161-14, which specifies that the register shall keep files alphabetically. Statutes also provide for criminal penalties and removal from office for registers of deeds who refuse to perform their duties as the statutes set forth.

Failure to register a deed or deed of trust could also cause action against the county's bond. Title insurance companies could seek compensation from the county in the event inaccurate title searches were caused by deeds' office mistakes.

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