As used in this Article:
(1) "Legal possessor" means
a. Any person entrusted with possession of personal property by an owner thereof, or
b. Any person in possession of personal property and entitled thereto by operation of law.
(2) "Lienor" means any person entitled to a lien under this Article.
(2a) "Motor Vehicle" has the meaning provided in G.S. 20-4.01.
(3) "Owner" means
a. Any person having legal title to the property, or
b. A lessee of the person having legal title, or
c. A debtor entrusted with possession of the property by a secured party, or
d. A secured party entitled to possession, or
e. Any person entrusted with possession of the property by his employer or principal who is an owner under any of the above.
(4) "Secured party" means a person holding a security interest.
(5) "Security interest" means any interest in personal property which interest is subject to the provisions of Article 9 of the Uniform Commercial Code, or any other interest intended to create security in real or personal property.
(6) "Vessel" has the meaning provided in G.S. 75A-2. (1967, c. 1029, s. 1; 1991, c. 731, s. 1.)
Notes of Decisions
Marlen C. Robb & Son Boatyard & Marina, Inc. v. the Vessel Bristol, 893 F. Supp. 526 (E.D.N.C. 1994).
· cites it 6× “Plaintiff also claims that it is entitled to enforce a mechanic’s lien against the BRISTOL under North Carolina law, N.C.Gen.Stat. § 44A-1 et seq. A contract is a promise or a set of promises, for breach of which the law provides a remedy and the performance of which the law…”
Bowles Auto., Inc. v. North Carolina Div. of Motor Vehs., 690 S.E.2d 728 (N.C. Ct. App. 2010).
· cites it 3× “3 (c) (2007) (“the registered owner of such vehicle shall become liable for the reasonable removal and storage charges and the vehicle subject to the storage lien created by G.S. 44A-1 et seq.”); see also N.”
Drummond v. Cordell, 326 S.E.2d 292 (N.C. Ct. App. 1985).
· cites it 2× “For those reasons, non-compliance with the provisions for the enforcement of a statutory lien pursuant to G.S. 44A-1, et seq. was a proper subject for directed verdict.”
Vaseleniuck Engine Dev., LLC v. Sabertooth Motorcycles, LLC, 727 S.E.2d 308 (N.C. Ct. App. 2012).
· cites it 2× “Plaintiff asserted a possessory lien on the remaining property by service of notice to Defendant under N.C. Gen. Stat. § 44A-1. Defendant responded, and requested a judicial hearing.”
Hancock v. Renshaw, 421 B.R. 738 (Bankr. M.D.N.C. 2009).
· cites it 2× “Further, he urges that, even if the layaway plan became an installment sales contract, he nevertheless obtained a pos-sessory lien on the Ellegante for repairs pursuant to N.C. Gen.Stat. § 44A-1 et. seq., which, he contends, authorized his retention of the machine until Renshaw…”
Paccar Fin. Corp. v. Harnett Transfer, Inc., 275 S.E.2d 243 (N.C. Ct. App. 1981).
“We thus hold that when the purchaser of personal property which is subject to a valid, enforceable, perfected security interest buys in the collateral at a foreclosure sale conducted pursuant to G.S. 44A-1 et seq. to satisfy an account for repairs which the purchaser has failed…”
Drummond v. Cordell, 324 S.E.2d 301 (N.C. Ct. App. 1985).
“Our examination of the record indicates that plaintiff in her complaint did not elect to proceed under G.S. 44A-1, et seq. as a *268 basis for recovery in this action for conversion.”
Triad Int'l Maint. Corp. v. Guernsey Air Leasing, Ltd., 178 F. Supp. 2d 547 (M.D.N.C. 2001).
· cites it 4× “ptable resolution, and in order for TIMCO to protect its possessory lien on the Aircraft, on July 28, 2000, TIMCO notified Defendants and Anglo Irish Bank (“AIB”), through its Motion for Judicial Hearing Prior to Lien Sale, and for Order to Conduct Sale [Document # 8] and…”
— N.C. Gen. Stat. § 44A-1(1) — 2 cases
— N.C. Gen. Stat. § 44A-1(3) — 1 case
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