(a) 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.
(b) 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.
(c) 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:
CLAIM OF LIEN ON REAL PROPERTY
(1) Name and address of the person claiming the claim of lien on real property:
(2) 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:
(3) 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.)
(4) Name and address of the person with whom the claimant contracted for the furnishing of labor or materials:
(5) Date upon which labor or materials were first furnished upon said property by the claimant:
(5a) Date upon which labor or materials were last furnished upon said property by the claimant:
(6) General description of the labor performed or materials furnished and the amount claimed therefor:
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.
(d) 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.
(e) 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.
(f) 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. (1969, c. 1112, s. 1; 1977, c. 369; 1983, c. 888; 1999-456, s. 59; 2005-229, s. 1; 2012-175, s. 3.)
Notes of Decisions
All Points Capital Corp. v. Laurel Hill Paper Co. (In Re Laurel Hill Paper Co.), 393 B.R. 372 (Bankr. M.D.N.C. 2008).
· cites it 35× “This latter dispute is critical in determining whether the 44A Claimants filed their notice of claim of liens within 120 days after the last furnishing of labor or materials as required under N.C. Gen.Stat. § 44A-12. I. Are the Metso and the Siemens Collateral Improvements on…”
Cameron & Barkley Co. v. Am. Ins., 434 S.E.2d 632 (N.C. Ct. App. 1993).
· cites it 18× “It asserts the notice requirements for the type of lien involved herein are controlled by N.C.G.S. § 44A-12 (1989), and that its “Claim of Lien and Notice of Claim of Lien” substantially complied therewith.”
Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc., 721 S.E.2d 663 (N.C. Ct. App. 2011).
· cites it 8× “A suggested format for a claim of lien is contained in N.C. Gen.Stat. § 44A-12 (2009). In contrast, Part 2 of Article 2 ("Part 2") governs the "Liens of Mechanics, Laborers, and Materialmen Dealing with One Other Than Owner.”
Piedmont Rebar, Inc. v. Sun Constr., Inc., 564 S.E.2d 281 (N.C. Ct. App. 2002).
· cites it 8× “Upon the filing of the notice and claim of lien and the commencement of the action, no action of the contractor shall be effective to prejudice the rights of the subcontractor without his written consent. N.C. Gen.Stat. § 44A-23(a), (b) (2001) (Emphasis supplied).”
Universal Mech., Inc. v. Hunt, 442 S.E.2d 130 (N.C. Ct. App. 1994).
· cites it 9× “) Under this provision, a claim of lien against real property is perfected, or enforceable, upon the filing and service of both a claim of lien pursuant to North Carolina General Statutes § 44A-12 (1989) and a notice of claim of lien pursuant to North Carolina General Statutes §…”
Strickland v. Gen. Bldg. & Masonry Contractors, Inc., 207 S.E.2d 399 (N.C. Ct. App. 1974).
· cites it 9× “Defendants next contend that plaintiff’s lien is invalid because the notice and claim of lien was not filed within 120 days after the last furnishing of labor and materials as required by G.S. 44A-12 (b). This contention is based upon the statement of plaintiff in the claim of…”
Ridge Cmty. Investors, Inc. v. Berry, 239 S.E.2d 566 (N.C. 1977).
“In support of this contention, they point to the following language in G.S. 44A-12: (a) Place of Filing. — All claims of lien against any real property must be filed in the office of the clerk of superior court in each county wherein the real property subject to the claim of…”
Brown v. Middleton, 356 S.E.2d 386 (N.C. Ct. App. 1987).
· cites it 9× “Preliminarily, we dispose of plaintiffs clearly erroneous contention that G.S. 44A-12 “does not require that the claimant set forth the date materials or labor were last furnished.”
Dalton Moran Shook Inc. v. Pitt Dev. Co., 440 S.E.2d 585 (N.C. Ct. App. 1994).
· cites it 2× “N.C. Gen. Stat. § 44A-12. An action to enforce the lien must be instituted within 180 days of the last furnishing of materials or labor.”
— N.C. Gen. Stat. § 44A-12(a) — 1 case
— N.C. Gen. Stat. § 44A-12(a)(b) — 1 case
Cameron & Barkley Co. v. Am. Ins., 434 S.E.2d 632 (N.C. Ct. App. 1993).
“It asserts the notice requirements for the type of lien involved herein are controlled by N.C.G.S. § 44A-12 (1989), and that its “Claim of Lien and Notice of Claim of Lien” substantially complied therewith.”
— N.C. Gen. Stat. § 44A-12(b) — 13 cases
Strickland v. Gen. Bldg. & Masonry Contractors, Inc., 207 S.E.2d 399 (N.C. Ct. App. 1974).
“Defendants next contend that plaintiff’s lien is invalid because the notice and claim of lien was not filed within 120 days after the last furnishing of labor and materials as required by G.S. 44A-12 (b). This contention is based upon the statement of plaintiff in the claim of…”
All Points Capital Corp. v. Laurel Hill Paper Co. (In Re Laurel Hill Paper Co.), 393 B.R. 372 (Bankr. M.D.N.C. 2008).
“This latter dispute is critical in determining whether the 44A Claimants filed their notice of claim of liens within 120 days after the last furnishing of labor or materials as required under N.C. Gen.Stat. § 44A-12. I. Are the Metso and the Siemens Collateral Improvements on…”
— N.C. Gen. Stat. § 44A-12(c) — 5 cases
All Points Capital Corp. v. Laurel Hill Paper Co. (In Re Laurel Hill Paper Co.), 393 B.R. 372 (Bankr. M.D.N.C. 2008).
“This latter dispute is critical in determining whether the 44A Claimants filed their notice of claim of liens within 120 days after the last furnishing of labor or materials as required under N.C. Gen.Stat. § 44A-12. I. Are the Metso and the Siemens Collateral Improvements on…”
— N.C. Gen. Stat. § 44A-12(c)(5a) — 1 case
Brown v. Middleton, 356 S.E.2d 386 (N.C. Ct. App. 1987).
“Preliminarily, we dispose of plaintiffs clearly erroneous contention that G.S. 44A-12 “does not require that the claimant set forth the date materials or labor were last furnished.”
— N.C. Gen. Stat. § 44A-12(c)(6) — 1 case
All Points Capital Corp. v. Laurel Hill Paper Co. (In Re Laurel Hill Paper Co.), 393 B.R. 372 (Bankr. M.D.N.C. 2008).
“This latter dispute is critical in determining whether the 44A Claimants filed their notice of claim of liens within 120 days after the last furnishing of labor or materials as required under N.C. Gen.Stat. § 44A-12. I. Are the Metso and the Siemens Collateral Improvements on…”
— N.C. Gen. Stat. § 44A-12(d) — 5 cases
Brown v. Middleton, 356 S.E.2d 386 (N.C. Ct. App. 1987).
“Preliminarily, we dispose of plaintiffs clearly erroneous contention that G.S. 44A-12 “does not require that the claimant set forth the date materials or labor were last furnished.”
— N.C. Gen. Stat. § 44A-12(f) — 3 cases
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