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§ 1-116 – Filing of notice of suit.

1-116. Filing of notice of suit. (a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross-indexed in accordance with G.S. 1-117, in all of the following cases: (1) Actions affecting title to real property. (2) Actions to foreclose any mortgage or […]

§ 1-116.1 – Service of notice.

1-116.1. Service of notice. In all actions as defined in G.S. 1-116 in which notice of pendency of the action is filed, a copy of such notice shall be served on the other party or parties as follows: (1) If filed by the plaintiff at or after service of summons but before the filing of […]

§ 1-117 – Cross-index of lis pendens.

1-117. Cross-index of lis pendens. Every notice of pending litigation filed under this Article shall be cross-indexed by the clerk of the superior court in a record, called the "Record of Lis Pendens," to be kept by the clerk under G.S. 7A-109. (1903, c. 472; Rev., s. 464; 1919, c. 31; C.S., s. 501; 1959, […]

§ 1-118 – Effect on subsequent purchasers.

1-118. Effect on subsequent purchasers. From the cross-indexing of the notice of lis pendens only is the pendency of the action constructive notice to a purchaser or incumbrancer of the property affected thereby; and every person whose conveyance or incumbrance is subsequently executed or subsequently registered is a subsequent purchaser or incumbrancer, and is bound […]

§ 1-119 – Notice void unless action prosecuted.

1-119. Notice void unless action prosecuted. (a) The notice of lis pendens is of no avail unless it is followed by the first publication of notice of the summons or by an affidavit therefor pursuant to Rule 4 (j)(1)c of the Rules of Civil Procedure or by personal service on the defendant within 60 days […]

§ 1-120 – Cancellation of notice.

1-120. Cancellation of notice. The court in which the said action was commenced may, at any time after it is settled, discontinued or abated, on application of any person aggrieved, on good cause shown, and on such notice as is directed or approved by the court, order the notice authorized by this Article to be […]

§ 1-120.2 – Filing of notice by cities and counties in certain cases.

1-120.2. Filing of notice by cities and counties in certain cases. The governing body of a city or county may, by ordinance under Article 11 of Chapter 160D of the General Statutes relating to building inspection, or Article 12 of Chapter 160D of the General Statutes relating to minimum housing standards, provide that upon the […]