(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 deed of trust or to enforce any lien on real property.
(3) Actions in which any order of attachment is issued and real property is attached.
(4) Actions seeking injunctive relief under G.S. 113A-64.1 or G.S. 113A-65 regarding sedimentation and erosion control for any land-disturbing activity that is subject to the requirements of Article 4 of Chapter 113A of the General Statutes.
(5) Actions for asset freezing or seizure under G.S. 14-112.3.
(b) Notice of pending litigation shall contain:
(1) The name of the court in which the action has been commenced or is pending;
(2) The names of the parties to the action;
(3) The nature and purpose of the action; and
(4) A description of the property to be affected thereby.
(c) Notice of pending litigation may be filed:
(1) At or any time after the commencement of an action pursuant to Rule 3 of the Rules of Civil Procedure; or
(2) At or any time after real property has been attached; or
(3) At or any time after the filing of an answer or other pleading in which the pleading party states an affirmative claim for relief falling within the provisions of subsection (a) of this section.
(d) Notice of pending litigation must be filed with the clerk of the superior court of each county in which any part of the real estate is located, not excepting the county in which the action is pending, in order to be effective against bona fide purchasers or lien creditors with respect to the real property located in such county. (C.C.P., s. 90; Code, s. 229; Rev., s. 460; 1917, c. 106; C.S., s. 500; 1949, c. 260; 1959, c. 1163, s. 1; 1967, c. 954, s. 3; 2009-269, s. 1; 2015-182, s. 2.)
Notes of Decisions
Cited in
47
cases (
9 in the last 5 years), 1945–2026 · leading case:
Gilley v. Shoffner, 345 F. Supp. 2d 563 (M.D.N.C. 2004).
Gilley v. Shoffner, 345 F. Supp. 2d 563 (M.D.N.C. 2004).
· cites it 12× “Plaintiffs simultaneously filed a notice of lis pendens pursuant to North Carolina General Statute § 1-116, which was cross-indexed by the Clerk of the Superior Court in the Record of Lis Pendens pursuant to North Carolina General Statute § 1-117.”
George v. Admin. Off. of the Courts, 542 S.E.2d 699 (N.C. Ct. App. 2001).
· cites it 10× “Therefore, the question for this Court is whether 96 CVD 115 is the type of action in which a notice of lis pendens is required to be cross-indexed to appear on the public record.”
Dabbondanza v. Hansley, 791 S.E.2d 116 (N.C. Ct. App. 2016).
· cites it 4× “N.C. Gen. Stat. § 1-116 (2015). In light of these rules of procedure, prudent practices dictate when marital realty is held solely in an adverse party's name at the time litigation begins one should file a lis pendens with the clerk of court to notify others of the party's claim…”
Cap Care Grp., Inc. v. McDonald, 561 S.E.2d 578 (N.C. Ct. App. 2002).
· cites it 2× “Black’s Law Dictionary 932 (6th ed. 1990). The lis pendens notifies prospective purchasers and encumbrancers that any interest acquired by them is subject to a pending lawsuit.”
North Carolina Nat'l Bank v. Evans, 250 S.E.2d 231 (N.C. 1979).
· cites it 3× “Plaintiff filed a notice of lis pendens contemporaneously with the commencement of its action, and we must now determine whether the notice of lis pendens was properly stricken.”
In Re Suggs, 355 B.R. 525 (Bankr. M.D.N.C. 2006).
· cites it 2× “The lis pendens on the Property, however, did provide the Trustee with constructive notice of the defect in the Property’s title.”
Cutter v. Cutter Realty Co., 144 S.E.2d 882 (N.C. 1965).
· cites it 3× “The common law rule of lis pendens has been replaced in this State by the provision of G.S. 1-116 to G.S. 1-120.1. Arrington v. Arrington, 114 N.”
Lawing v. Jaynes, 206 S.E.2d 162 (N.C. 1974).
· cites it 2× “The 1959 Act amended G.S. 1-116 so as to require that “ [a] ny 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.”
In re Certain Real Prop. Located at Lot 8, 763 F. Supp. 150 (W.D.N.C. 1991).
· cites it 5× “In North Carolina, N.C.Gen.Stat. § 1-116 provides in pertinent part: (a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof .”
United States v. Woods, 436 F. Supp. 2d 753 (E.D.N.C. 2006).
· cites it 3× “Therefore, in accordance with controlling state law, in order for notice of lis pendens to be placed on the Durham County properties in North Carolina and the timeshare proper *755 ties located in South Carolina and Florida, respectively, the government must show that an action…”
Pegram v. Tomrich Corp., 166 S.E.2d 849 (N.C. Ct. App. 1969).
· cites it 3× “In this State the com *415 mon law rule of lis pendens has been replaced by statute, G.S. 1-116 to G.S. 1-120.1; Cutter v. Realty Co.”
— N.C. Gen. Stat. § 1-116(a) — 8 cases
Gilley v. Shoffner, 345 F. Supp. 2d 563 (M.D.N.C. 2004).
“Plaintiffs simultaneously filed a notice of lis pendens pursuant to North Carolina General Statute § 1-116, which was cross-indexed by the Clerk of the Superior Court in the Record of Lis Pendens pursuant to North Carolina General Statute § 1-117.”
Cutter v. Cutter Realty Co., 144 S.E.2d 882 (N.C. 1965).
“The common law rule of lis pendens has been replaced in this State by the provision of G.S. 1-116 to G.S. 1-120.1. Arrington v. Arrington, 114 N.”
Pegram v. Tomrich Corp., 166 S.E.2d 849 (N.C. Ct. App. 1969).
“In this State the com *415 mon law rule of lis pendens has been replaced by statute, G.S. 1-116 to G.S. 1-120.1; Cutter v. Realty Co.”
— N.C. Gen. Stat. § 1-116(a)(1) — 10 cases
George v. Admin. Off. of the Courts, 542 S.E.2d 699 (N.C. Ct. App. 2001).
“Therefore, the question for this Court is whether 96 CVD 115 is the type of action in which a notice of lis pendens is required to be cross-indexed to appear on the public record.”
Gilley v. Shoffner, 345 F. Supp. 2d 563 (M.D.N.C. 2004).
“Plaintiffs simultaneously filed a notice of lis pendens pursuant to North Carolina General Statute § 1-116, which was cross-indexed by the Clerk of the Superior Court in the Record of Lis Pendens pursuant to North Carolina General Statute § 1-117.”
North Carolina Nat'l Bank v. Evans, 250 S.E.2d 231 (N.C. 1979).
“Plaintiff filed a notice of lis pendens contemporaneously with the commencement of its action, and we must now determine whether the notice of lis pendens was properly stricken.”
— N.C. Gen. Stat. § 1-116(b) — 2 cases
— N.C. Gen. Stat. § 1-116(c) — 2 cases
— N.C. Gen. Stat. § 1-116(c)(3) — 1 case
— N.C. Gen. Stat. § 1-116(d) — 2 cases
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