§ 44A-24.8 – Enforcing lien.
44A-24.8. Enforcing lien. A lien claimant may bring suit to enforce a lien which attaches pursuant to the provisions of this Part in any court of competent jurisdiction in the county where the commercial real estate is located. The lien claimant shall commence proceedings within 18 months after filing the lien, and failure to commence […]
§ 44A-24.9 – Complaint; content; parties' foreclosure action; procedure.
44A-24.9. Complaint; content; parties’ foreclosure action; procedure. (a) A complaint filed pursuant to the provisions of this section and G.S. 44A-24.8 shall contain all of the following: (1) A statement of the terms of the written agreement for broker services on which the lien is based or a copy of the written contract or agreement. […]
§ 44A-24.10 – Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner.
44A-24.10. Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner. If a lien claimant fails to file a suit to enforce the lien or fails to file an answer in a pending suit to enforce a lien within 30 days after a properly […]
§ 44A-24.11 – Satisfaction or release of lien.
44A-24.11. Satisfaction or release of lien. If a claim for a lien has been filed pursuant to the provisions of this Part with the clerk of superior court and the claim has been paid in full, or if the lien claimant fails to institute a suit to enforce the lien within the time as provided […]
§ 44A-24.12 – Cost of proceeding to be paid by nonprevailing party.
44A-24.12. Cost of proceeding to be paid by nonprevailing party. The costs of any proceeding brought to enforce a lien filed pursuant to this Part, including reasonable attorneys’ fees and prejudgment interest due to the prevailing party, shall be paid by the nonprevailing party or parties. If more than one party is responsible for costs, […]
§ 44A-24.13 – Discharge of lien.
44A-24.13. Discharge of lien. (a) Unless an alternative procedure is available and is acceptable to the transferee in a real estate transaction, any claim of lien on commercial real estate filed under this Article may be discharged by any of the following methods: (1) The lien claimant of record, the claimant’s agent, or attorney, in […]
§ 44A-24.14 – Priority of lien under this Part.
44A-24.14. Priority of lien under this Part. Any claim of lien on real property or claim of lien on funds allowed under Part 1 or Part 2 of this Article shall be deemed superior in all respects to any lien asserted under this Part, regardless of the effective date of the competing liens and shall […]
§ 44A-24.7 – Lien claimant to mail copy of notice of lien to owner by certified mail.
44A-24.7. Lien claimant to mail copy of notice of lien to owner by certified mail. Any lien claimant who files a lien on commercial real estate pursuant to the provisions of this Part shall mail a copy of the notice of the lien to the owner of the commercial real estate by certified mail, return […]
§ 44A-15 – Attachment available to lien claimant.
44A-15. Attachment available to lien claimant. In addition to other grounds for attachment, in all cases where the owner removes or attempts or threatens to remove an improvement from real property subject to a claim of lien on real property under this Article, without the written permission of the lien claimant or with the intent […]
§ 44A-16 – Discharge of record claim of lien on real property.
44A-16. Discharge of record claim of lien on real property. (a) Any claim of lien on real property filed under this Article may be discharged by any of the following methods: (1) The lien claimant of record, the claimant’s agent or attorney, in the presence of the clerk of superior court may acknowledge the satisfaction […]