Upon the entry of a judgment under G.S. 1A-1, Rule 58, affecting the title of real property, or directing in whole or in part the payment of money, the clerk of superior court shall index and record the judgment on the judgment docket of the court of the county where the judgment was entered. The judgment may be docketed on the judgment docket of the court of any other county upon the filing with the clerk thereof of a transcript of the original docket. The judgment lien is effective as against third parties from and after the indexing of the judgment as provided in G.S. 1-233. The judgment is a lien on the real property in the county where the same is docketed of every person against whom any such judgment is rendered, and which he has at the time of the docketing thereof in the county in which such real property is situated, or which he acquires at any time thereafter, for 10 years from the date of the entry of the judgment under G.S. 1A-1, Rule 58, in the county where the judgment was originally entered. But the time during which the party recovering or owning such judgment shall be, or shall have been, restrained from proceeding thereon by an order of injunction, or other order, or by the operation of any appeal, or by a statutory prohibition, does not constitute any part of the 10 years aforesaid, as against the defendant in such judgment, or the party obtaining such orders or making such appeal, or any other person who is not a purchaser, creditor or mortgagee in good faith.
A judgment docketed pursuant to G.S. 15A-1340.38 shall constitute a lien against the property of a defendant as provided for under this section. (C.C.P., s. 254; Code, s. 435; Rev., s. 574; C.S., s. 614; 1971, c. 268, s. 7; 1998-212, s. 19.4(i); 2003-59, s. 3.)
Notes of Decisions
Clowney v. North Carolina Nat'l Bank (In Re Clowney), 19 B.R. 349 (Bankr. M.D.N.C. 1982).
· cites it 12× “The Plaintiffs, on the other hand, contend that they are uncertain whether discharge completely extinguishes the judgments, particularly in light of the effective ten year life of judgments afforded by N.C. Gen.Stat. § 1-234 (Cum.Supp.1981). Accordingly, the Plaintiffs initiated…”
Romulus v. Romulus, 715 S.E.2d 889 (N.C. Ct. App. 2011).
· cites it 4× “In contrast to a “lien on specific property!,]” a docketed money judgment under N.C. Gen. Stat. § 1-234 becomes a lien upon all real property owned by the debtor in the county where the judgment is recorded.”
Martin v. Roberts, 628 S.E.2d 812 (N.C. Ct. App. 2006).
· cites it 8× “N.C. Gen. Stat. § 1-234 (2005). Pursuant to section 1-234, a judgment lien is perfected upon its docketing in a county in which the debtor owns real property.”
Moore v. Idealease of Wilmington, 465 F. Supp. 2d 484 (E.D.N.C. 2006).
· cites it 6× “See N.C. Gen. Stat. § 1-234 . 1 Plaintiff contends that in *487 March 2006 a buyer had agreed to purchase her New Hanover County residence.”
Hinnant v. Philips, 645 S.E.2d 867 (N.C. Ct. App. 2007).
· cites it 4× “Under N.C. Gen.Stat. § 1-234 (2005), a judgment docketed in accordance with G.”
Credigy Receivables, Inc. v. Whittington, 689 S.E.2d 889 (N.C. Ct. App. 2010).
· cites it 2× “The record does not disclose whether the default judgment was ever transcribed from Wayne County to Lenoir County pursuant to N.C. Gen. Stat. § 1-234 (2009). 3 . We apply the common law instead of the Uniform Commercial Code in this case, because the default judgment in issue…”
In Re Knapp, 285 B.R. 176 (Bankr. M.D.N.C. 2002).
· cites it 2× “See N.C. Gen.Stat. § 1-234. Under state law, creditors who have taken judgments against an individual cotenant of entireties property have no hen against the entireties property.”
Fisher v. Anderson, 667 S.E.2d 292 (N.C. Ct. App. 2008).
· cites it 16× “Analysis Plaintiff argues the trial court erred in granting defendants’ motion to dismiss because Rule 62(a) of the North Carolina Rules of Civil Procedure, when read in conjunction with N.C. Gen. Stat. § 1-234 , operates to toll the statute of limitations by thirty days.”
In Re Wilmington Nursery Co., Inc., 36 B.R. 813 (Bankr. E.D.N.C. 1984).
· cites it 2× “The Defendants contend that the judgment lien was “made” on January 31, 1983 because the judgment lien “took effect” between the Defendants and the Debtor on January 31, 1983 when the consent judgment was executed and was “perfected” within the ten (10) day grace period by…”
Andrews v. Crump, 984 F. Supp. 393 (W.D.N.C. 1996).
· cites it 2× “Under G.S. § 1-234, a recorded judgment acts as a lien upon real property.”
Nat'l Sur. Corp. v. Sharpe, 72 S.E.2d 109 (N.C. 1952).
“” G.S. 1-234; McIntosh: North Carolina Practice and Procedure in Civil Cases, section 666.”
Lynn v. West, 134 F.3d 582 (4th Cir. 1998).
“See N.C. Gen.Stat. § 1-234 (1996) (“[A] judgment .”
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