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. (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. 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-24.2. Definitions. The following definitions apply in this Part: (1) Broker. – A real estate broker licensed pursuant to Chapter 93A of the General Statutes. (2) Broker services. – Services for which a license issued by the North Carolina Real Estate Commission is required pursuant to Chapter 93A of the General Statutes. (3) Commercial real […]
44A-24.3. Commercial real estate lien. (a) A broker shall have a lien upon commercial real estate in the amount that the broker is due under a written agreement for broker services signed by the owner or signed by the owner’s duly authorized agent, if: (1) The broker has performed under the provisions of the agreement; […]
44A-24.4. When lien attaches to commercial real estate. A lien authorized by this Part attaches to the commercial real estate only when the lien claimant files a timely notice of the lien conforming to the requirements of G.S. 44A-24.5 and this section in the office of the clerk of superior court. A notice of lien […]
44A-24.5. Lien notice; content. (a) A lien notice under this Part shall be signed by the lien claimant and shall contain an attestation by the lien claimant that the information contained in the notice is true and accurate to the best of the lien claimant’s knowledge and belief. (b) The lien notice shall include all […]
44A-24.6. When lien claim release or satisfaction to be filed. If a claim for a lien has been filed with the clerk of superior court and a condition occurs that would preclude the lien claimant from receiving compensation under the terms of the written agreement for broker services on which the lien is based, the […]
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-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. (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-7. Definitions. Unless the context otherwise requires, the following definitions apply in this Article: (1) Contractor. – A person who contracts with an owner to improve real property. (2) First tier subcontractor. – A person who contracts with a contractor to improve real property. (3) Improve. – To build, effect, alter, repair, or demolish any […]
44A-8. Mechanics’, laborers’, and materialmen’s lien; persons entitled to claim of lien on real property. Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement […]
44A-9. Extent of claim of lien on real property. A claim of lien on real property authorized under this Article shall extend to the improvement and to the lot or tract on which the improvement is situated, to the extent of the interest of the owner. When the lot or tract on which a building […]
