North Carolina § 44A-11 - Perfecting claim of lien on real property.

§ 44A-11. Perfecting claim of lien on real property.

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: Service of a copy of the claim of lien on real property upon the record owner of the real property claimed to be subject to the claim of lien and, if the claim of lien on real property is being asserted pursuant to G.S. 44A-23, also upon the contractor through which subrogation is being asserted. Filing of the claim of lien on real property under G.S. 44A-12. Method of Service. - Service of the claim of lien on real property pursuant to subsection (a) of this section shall not require proof of actual receipt by the listed recipient and shall be complete upon the occurrence of any of the following: Personal delivery of a copy of the claim of lien on real property upon the recipient. Deposit of a copy of the claim of lien on real property in a postpaid, properly addressed wrapper in either of the following: A post office or official depository under the exclusive care and custody of the United States Postal Service. An authorized depository under the exclusive care and custody of a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2). Service Address. - For purposes of this section, a wrapper addressed to a party required to be served under subdivision (1) of subsection (a) of this section shall be conclusively deemed properly addressed if it uses any of the following addresses: The address for the party to be served listed on the permit issued for the improvement. The address for the party to be served listed with the tax rolls for any county in North Carolina. The address of the registered agent for the party to be served listed with the North Carolina Secretary of State's office. History (1969, c. 1112, s. 1; 2005-229, s. 1; 2012-175, s. 2.) Editor's Note. - Session Laws 2012-175, s. 13, made the rewriting of this section by Session Laws 2012-175, s. 2, applicable to improvements to real property for which the first permit required to be obtained is obtained on or after that date 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. 2, effective January 1, 2013, rewrote the section. For applicability, see editor's note. Legal Periodicals. - For article, "Mechanics' Liens for the Improvement of Real Property: Recent Developments in Perfection, Enforcement and Priority," see 12 Wake Forest L. Rev. 283 (1976).