(a) Execution Sale; Effect of Sale. - Except as provided in subsection (b) of this section, sales under this Article and distribution of proceeds thereof shall be made in accordance with the execution sale provisions set out in G.S. 1-339.41 through 1-339.76. The sale of real property to satisfy a claim of lien on real property granted by this Article shall pass all title and interest of the owner to the purchaser, good against all claims or interests recorded, filed or arising after the first furnishing of labor or materials at the site of the improvement by the person claiming a lien.
(b) Sale of Property upon Order Prior to Judgment. - A resident judge of superior court in the district in which the action to enforce the claim of lien on real property is pending, a judge regularly holding the superior courts of the said district, any judge holding a session of superior court, either civil or criminal, in the said district, a special judge of superior court residing in the said district, or the chief judge of the district court in which the action to enforce the claim of lien on real property is pending, may, upon notice to all interested parties and after a hearing thereupon and upon a finding that a sale prior to judgment is necessary to prevent substantial waste, destruction, depreciation or other damage to said real property prior to the final determination of said action, order any real property against which a claim of lien on real property under this Article is asserted, sold in any manner determined by said judge to be commercially reasonable. The rights of all parties shall be transferred to the proceeds of the sale. Application for such order and further proceedings thereon may be heard in or out of session. (1969, c. 1112, s. 1; 2005-229, s. 1.)
Notes of Decisions
Ridge Cmty. Investors, Inc. v. Berry, 239 S.E.2d 566 (N.C. 1977).
· cites it 3× “Unless the action enforcing the lien created by this Article is instituted in the county in which the lien is filed, in order for the sale under the provisions of G.S. 44A-14(a) to pass all title and interest of the owner to the purchaser good against all claims or interests…”
Schafer v. Carolina Kitchen & Bath, Inc. (In Re Orndorff Constr., Inc.), 394 B.R. 372 (Bankr. M.D.N.C. 2008).
· cites it 2× “In order for the sale under G.S. 44A-14(a) to pass all title and interest of the owner to the purchaser good against all claims or interests recorded, filed or arising after the first furnishing of labor or materials at the site of the improvement by the person claiming the…”
Adams v. Nelsen, 329 S.E.2d 322 (N.C. 1985).
“Furthermore, plaintiff sought enforcement of a claim of lien filed on 11 September 1979 pursuant to G.S. 44A-14. Defendants filed their answer on 4 December 1979 and alleged as a first defense that the complaint should be dismissed pursuant to Rule 12(b)(6) because it failed to…”
Symons Corp. v. Ins. Co. of North Am., 380 S.E.2d 550 (N.C. Ct. App. 1989).
“No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90)…”
Lake Colony Constr., Inc. v. Boyd, 711 S.E.2d 742 (N.C. Ct. App. 2011).
“§ 44A-13 and § 44A-14 (2007). While the lien action was pending, defendant William Richard Boyd, Jr.”
Blalock Elec. Co. v. Grassy Creek Dev. Corp., 393 S.E.2d 354 (N.C. Ct. App. 1990).
“Next, defendant contends that the court’s findings did not support *445 its conclusion that the property should be sold in accordance with the provisions of G.S. 44A-14. Finally, defendant argues that the court erred in ordering that the judgment should be a lien on the property…”
Wellons Constr., Inc. v. Landsouth Props., LLC, 607 S.E.2d 695 (N.C. Ct. App. 2005).
“provement by the person claiming the lien, as to real property claimed to be subject to the lien in such counties where the action was neither commenced nor a notice of lis pendens filed, the judgment entered in the action enforcing the lien shall not direct a sale of the real…”
Lynch v. Price Homes, Inc., 575 S.E.2d 543 (N.C. Ct. App. 2003).
· cites it 2× “2d 161, 162 (1972); see N.C. Gen. Stat. § 44A-14(b) (2001) (“The rights of all parties shall be transferred to the proceeds of the sale.”
RDC, Inc. v. Brookleigh Builders, Inc. ex rel. Burns, 299 S.E.2d 448 (N.C. Ct. App. 1983).
· cites it 3× “Unless the action enforcing the lien created by this Article is instituted in the county in which the lien is filed, in order for the sale under the provisions of G.S. 44A-14(a) to pass all title and interest of the owner to the purchaser good against all claims or interests…”
— N.C. Gen. Stat. § 44A-14(a) — 4 cases
Ridge Cmty. Investors, Inc. v. Berry, 239 S.E.2d 566 (N.C. 1977).
“Unless the action enforcing the lien created by this Article is instituted in the county in which the lien is filed, in order for the sale under the provisions of G.S. 44A-14(a) to pass all title and interest of the owner to the purchaser good against all claims or interests…”
Schafer v. Carolina Kitchen & Bath, Inc. (In Re Orndorff Constr., Inc.), 394 B.R. 372 (Bankr. M.D.N.C. 2008).
“In order for the sale under G.S. 44A-14(a) to pass all title and interest of the owner to the purchaser good against all claims or interests recorded, filed or arising after the first furnishing of labor or materials at the site of the improvement by the person claiming the…”
Wellons Constr., Inc. v. Landsouth Props., LLC, 607 S.E.2d 695 (N.C. Ct. App. 2005).
“provement by the person claiming the lien, as to real property claimed to be subject to the lien in such counties where the action was neither commenced nor a notice of lis pendens filed, the judgment entered in the action enforcing the lien shall not direct a sale of the real…”
RDC, Inc. v. Brookleigh Builders, Inc. ex rel. Burns, 299 S.E.2d 448 (N.C. Ct. App. 1983).
“Unless the action enforcing the lien created by this Article is instituted in the county in which the lien is filed, in order for the sale under the provisions of G.S. 44A-14(a) to pass all title and interest of the owner to the purchaser good against all claims or interests…”
— N.C. Gen. Stat. § 44A-14(b) — 1 case
Lynch v. Price Homes, Inc., 575 S.E.2d 543 (N.C. Ct. App. 2003).
“2d 161, 162 (1972); see N.C. Gen. Stat. § 44A-14(b) (2001) (“The rights of all parties shall be transferred to the proceeds of the sale.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.