44A-10. Effective date of claim of lien on real property. A claim of lien on real property granted by this Article shall relate to and take effect from the time of the first furnishing of labor or materials at the site of the improvement by the person claiming the claim of lien on real property. […]
44A-11. Perfecting claim of lien on real property. (a) Perfection. – A claim of lien on real property granted by this Article shall be perfected as of the time provided in G.S. 44A-10 upon the occurrence of all of the following: (1) Service of a copy of the claim of lien on real property upon […]
44A-11.1. Lien agent; designation and duties. (a) With regard to any improvements to real property to which this Article is applicable for which the costs of the undertaking are thirty thousand dollars ($30,000) or more, either at the time that the original building permit is issued or, in cases in which no building permit is […]
44A-11.2. Identification of lien agent; notice to lien agent; effect of notice. (a) As used in this section, the term "contact information" means the name, physical and mailing address, telephone number, facsimile number, and electronic mail address of the lien agent designated by the owner pursuant to G.S. 44A-11.1. (b) Within seven days of receiving […]
44A-12. Filing claim of lien on real property. (a) Place of Filing. – All claims of lien on real property must be filed in the office of the clerk of superior court in each county where the real property subject to the claim of lien on real property is located. The clerk of superior court […]
44A-12.1. No docketing of lien unless authorized by statute. (a) The clerk of superior court shall not index, docket, or record a claim of lien on real property or other document purporting to claim or assert a lien on real property in such a way as to affect the title to any real property unless […]
44A-13. Action to enforce claim of lien on real property. (a) Where and When Action Commenced. – An action to enforce a claim of lien on real property may be commenced in any county where venue is otherwise proper. No such action may be commenced later than 180 days after the last furnishing of labor […]
44A-14. Sale of property in satisfaction of judgment enforcing claim of lien on real property or upon order prior to judgment; distribution of proceeds. (a) Execution Sale; Effect of Sale. – Except as provided in subsection (b) of this section, sales under this Article and distribution of proceeds thereof shall be made in accordance with […]
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. (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 […]
44A-18. Grant of lien upon funds; subrogation; perfection. (a) A first tier subcontractor who furnished labor, materials, or rental equipment at the site of the improvement shall have a lien upon funds that are owed to the contractor with whom the first tier subcontractor dealt and that arise out of the improvement on which the […]
44A-19. Notice of claim of lien upon funds. (a) Notice of a claim of lien upon funds shall set forth all of the following information: (1) The name and address of the person claiming the lien upon funds. (2) A general description of the real property improved. (3) The name and address of the person […]
44A-20. Duties and liability of obligor. (a) Upon receipt of the notice of claim of lien upon funds provided for in this Article, the obligor shall be under a duty to retain any funds subject to the lien or liens upon funds under this Article up to the total amount of such liens upon funds […]
44A-21. Pro rata payments. (a) Where the obligor is a contractor or subcontractor and the funds in the hands of the obligor and the obligor’s personal liability, if any, under G.S. 44A-20 are less than the amount of valid liens upon funds that have been received by the obligor under this Article, the parties entitled […]
44A-22. Priority of liens upon funds. Liens upon funds perfected under this Article have priority over all other interests or claims theretofore or thereafter created or suffered in the funds by the person against whose interest the lien upon funds is asserted, including, but not limited to, liens arising from garnishment, attachment, levy, judgment, assignments, […]
44A-23. Contractor’s claim of lien on real property; perfection of subrogation rights of subcontractor. (a) First tier subcontractor. – A first tier subcontractor may, to the extent of its claim, enforce the claim of lien on real property of the contractor created by Part 1 of this Article. The manner of such enforcement shall be […]
44A-24. False statement a misdemeanor and grounds for disciplinary action against a licensed contractor or qualifying party. If any contractor or other person receiving payment from an obligor for an improvement to real property or from a purchaser for a conveyance of real property with improvements subject to this Article or to Article 3 of […]
44A-24.1. Short title. This Part shall be known and may be cited as the "Commercial Real Estate Broker Lien Act." (2011-165, s. 1.)
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. 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 […]
