North Carolina § 44A-12 - Filing claim of lien on real property.

§ 44A-12. Filing claim of lien on real property.

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 shall note the claim of lien on real property on the judgment docket and index the same under the name of the record owner of the real property at the time the claim of lien on real property is filed. An additional copy of the claim of lien on real property may also be filed with any receiver, referee in bankruptcy or assignee for benefit of creditors who obtains legal authority over the real property. Time of Filing. - Claims of lien on real property may be filed at any time after the maturity of the obligation secured thereby but not later than 120 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien. Contents of Claim of Lien on Real Property to Be Filed. - All claims of lien on real property must be filed using a form substantially as follows: Name and address of the person claiming the claim of lien on real property: Name and address of the record owner of the real property claimed to be subject to the claim of lien on real property at the time the claim of lien on real property is filed and, if the claim of lien on real property is being asserted pursuant to G.S. 44A-23, the name of the contractor through which subrogation is being asserted: Description of the real property upon which the claim of lien on real property is claimed: (Street address, tax lot and block number, reference to recorded instrument, or any other description of real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.) Name and address of the person with whom the claimant contracted for the furnishing of labor or materials: Date upon which labor or materials were first furnished upon said property by the claimant: Date upon which labor or materials were last furnished upon said property by the claimant: General description of the labor performed or materials furnished and the amount claimed therefor: No Amendment of Claim of Lien on Real Property. - A claim of lien on real property may not be amended. A claim of lien on real property may be cancelled by a claimant or the claimant's authorized agent or attorney and a new claim of lien on real property substituted therefor within the time herein provided for original filing. Notice of Assignment of Claim of Lien on Real Property. - When a claim of lien on real property has been filed, it may be assigned of record by the lien claimant in a writing filed with the clerk of superior court who shall note the assignment in the margin of the judgment docket containing the claim of lien on real property. Thereafter the assignee becomes the lien claimant of record. Waiver of Right to File, Serve, or Claim Liens as Consideration for Contract Against Public Policy. - An agreement to waive the right to file a claim of lien on real property granted under this Part, or an agreement to waive the right to serve a notice of claim of lien upon funds granted under Part 2 of this Article, which agreement is in anticipation of and in consideration for the awarding of any contract, either expressed or implied, for the making of an improvement upon real property under this Article is against public policy and is unenforceable. This section does not prohibit subordination or release of a lien granted under this Part or Part 2 of this Article. CLAIM OF LIEN ON REAL PROPERTY I hereby certify that I have served the parties listed in (2) above in accordance with the requirements of G.S. 44A-11. _____________________________________________________________________ Lien Claimant Filed this ________ day of ________, ________ _____________________________________________________________________ Clerk of Superior Court A general description of the labor performed or materials furnished is sufficient. It is not necessary for lien claimant to file an itemized list of materials or a detailed statement of labor performed. History (1969, c. 1112, s. 1; 1977, c. 369; 1983, c. 888; 1999-456, s. 59; 2005-229, s. 1; 2012-175, s. 3.) Cross References. - As to filing a false lien or encumbrance, see G.S. 14-118.6. Editor's Note. - Session Laws 2012-175, s. 13, made the amendments to this section by Session Laws 2012-175, s. 3, applicable to improvements to real property for which the first permit required to be obtained is obtained on or after January 1, 2013, or, with respect to projects for which no permit is required, apply to improvement to real property commenced on or after January 1, 2013. Effect of Amendments. - Session Laws 2012-175, s. 3, effective January 1, 2013, in the form in subsection (c), added "and, if the claim of lien on real property is being asserted pursuant to G.S. 44A-23, the name of the contractor through which subrogation is being asserted" at the end of item (2) and added the last paragraph. For applicability, see editor's note. Legal Periodicals. - For article, "Transferring North Carolina Real Estate Part I: How the Present System Functions," see 49 N.C.L. Rev. 418 (1971). For comment, "Offer to Purchase and Contract: Buyer Beware," see 8 Campbell L. Rev. 473 (1986). For article, "North Carolina's Real Estate Recording Laws: The Ghost of 1885," see 28 N.C. Cent. L.J. 199 (2006).