(a) Any claim of lien on real property filed under this Article may be discharged by any of the following methods:
(1) The lien claimant of record, the claimant's agent or attorney, in the presence of the clerk of superior court may acknowledge the satisfaction of the claim of lien on real property indebtedness, whereupon the clerk of superior court shall forthwith make upon the record of such claim of lien on real property an entry of such acknowledgment of satisfaction, which shall be signed by the lien claimant of record, the claimant's agent or attorney, and witnessed by the clerk of superior court.
(2) The owner may exhibit an instrument of satisfaction signed and acknowledged by the lien claimant of record which instrument states that the claim of lien on real property indebtedness has been paid or satisfied, whereupon the clerk of superior court shall cancel the claim of lien on real property by entry of satisfaction on the record of such claim of lien on real property.
(3) By failure to enforce the claim of lien on real property within the time prescribed in this Article.
(4) By filing in the office of the clerk of superior court the original or certified copy of a judgment or decree of a court of competent jurisdiction showing that the action by the claimant to enforce the claim of lien on real property has been dismissed or finally determined adversely to the claimant.
(5) Whenever a sum equal to the amount of the claim or claims of lien on real property claimed is deposited with the clerk of court, to be applied to the payment finally determined to be due, whereupon the clerk of superior court shall cancel the claim or claims of lien on real property or claims of lien on real property of record.
(6) Whenever a corporate surety bond, in a sum equal to one and one-fourth times the amount of the claim or claims of lien on real property claimed and conditioned upon the payment of the amount finally determined to be due in satisfaction of said claim or claims of lien on real property, is deposited with the clerk of court, whereupon the clerk of superior court shall cancel the claim or claims of lien on real property of record.
(b) The clerk may release funds held or a corporate surety bond upon receipt of one of the following:
(1) Written agreement of the parties.
(2) A final judgment of a court of competent jurisdiction.
(3) A consent order.
(c) For improvements performed in conjunction with a development contract under G.S. 143-128.1C, a claim of lien on real property or a claim of lien on funds served on a private developer may also be discharged by the private developer and the surety on a payment bond issued under G.S. 143-128.1C(g)(1) in accordance with this subsection. The claim of lien may be discharged by the private developer and surety jointly filing with the clerk of superior court of the county where the project is located a copy of the payment bond together with an affidavit executed by the surety stating that, as of the date of the filing of the payment bond with the clerk of superior court, the amount of the penal sum of the payment bond minus any amounts paid in good faith to other claimants on the project and minus the amount of all other claims of lien on real property filed against the property improved by the project exceeds the amount claimed by the lien claim being discharged by at least one hundred twenty-five percent (125%). Notwithstanding any other contractual provision or law, where a claimant's lien claim has been discharged under this subsection, the claimant shall have no less than one year from the date of being served with the payment bond and affidavit to file suit on the payment bond. (1969, c. 1112, s. 1; 1971, c. 766; 2005-229, s. 1; 2011-411, s. 3; 2013-401, s. 6.)
Part 2. Liens of Mechanics, Laborers, and Materialmen Dealing with One Other Than Owner.
§ 44A-17: Repealed by Session Laws 2012-175, s. 5, effective January 1, 2013.
Notes of Decisions
Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc., 721 S.E.2d 663 (N.C. Ct. App. 2011).
· cites it 30× “The trial court's order granted two forms of relief: the discharge of the liens pursuant to N.C. Gen. Stat. § 44A-16 and the striking of any references to the liens from plaintiff's complaint pursuant to Rule 12(f).”
George v. Hartford Accident & Indem. Co., 412 S.E.2d 43 (N.C. 1992).
· cites it 23× “The statute at issue in this case, N.C.G.S. § 44A-16, outlines six ways that a lien, already properly filed against property, can be discharged.”
Warren Bros. v. Cmty. Bldg. Corp. of Atlanta, Inc., 386 F. Supp. 656 (M.D.N.C. 1974).
· cites it 12× “Subsection (6) of N.C.G.S. § 44A-16 3 was enacted by the North Carolina General Assembly in 1971 and is simply a means whereby a lien held by the lienor may be cancelled by the lienee by depositing with the clerk of court a corporate surety bond equal to one and one-fourth times…”
Dalenko v. Peden Gen. Contractors, Inc., 676 S.E.2d 625 (N.C. Ct. App. 2009).
· cites it 4× “Both reference the applicable statute, N.C. Gen. Stat. § 44A-16(4), the applicable file number where the lien was docketed (98 M-3116), and order that the lien be discharged.”
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 4× “” N.C. Gen. Stat § 44A-16(3) As a result of the failure of American Stainless and Mechanical Supply to commence an action to enforce their claims of lien in any manner provided for in section 44A-13(a), their claims of lien have been discharged pursuant to section 44A-16(3).”
Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc., 708 S.E.2d 157 (N.C. Ct. App. 2011).
· cites it 30× “The trial court's order granted two forms of relief: the discharge of the liens pursuant to N.C. Gen. Stat. § 44A-16 and the striking of any references to the liens from plaintiff's complaint pursuant to Rule 12(f).”
Barrier Geotechnical Contractors, Inc. v. Radford Quarries of Boone, Inc., 646 S.E.2d 840 (N.C. Ct. App. 2007).
· cites it 2× “Regardless of whether this is true, however, the liens have been discharged and cancelled by a 26 May 2006 order of a Watauga County Superior Court, pursuant to N.C. Gen.Stat. § 44A-16(6) (2005) (stating that a claim of lien can be discharged by posting of a surety bond for an…”
Miller v. Ensley, 365 S.E.2d 11 (N.C. Ct. App. 1988).
· cites it 2× “00 in cash, pursuant to the provisions of GS § 44A-16(5) and the aforesaid Claim of Lien has been discharged pursuant thereto.”
— N.C. Gen. Stat. § 44A-16(3) — 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).
“” N.C. Gen. Stat § 44A-16(3) As a result of the failure of American Stainless and Mechanical Supply to commence an action to enforce their claims of lien in any manner provided for in section 44A-13(a), their claims of lien have been discharged pursuant to section 44A-16(3).”
— N.C. Gen. Stat. § 44A-16(4) — 4 cases
Dalenko v. Peden Gen. Contractors, Inc., 676 S.E.2d 625 (N.C. Ct. App. 2009).
“Both reference the applicable statute, N.C. Gen. Stat. § 44A-16(4), the applicable file number where the lien was docketed (98 M-3116), and order that the lien be discharged.”
Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc., 708 S.E.2d 157 (N.C. Ct. App. 2011).
“The trial court's order granted two forms of relief: the discharge of the liens pursuant to N.C. Gen. Stat. § 44A-16 and the striking of any references to the liens from plaintiff's complaint pursuant to Rule 12(f).”
— N.C. Gen. Stat. § 44A-16(5) — 4 cases
Miller v. Ensley, 365 S.E.2d 11 (N.C. Ct. App. 1988).
“00 in cash, pursuant to the provisions of GS § 44A-16(5) and the aforesaid Claim of Lien has been discharged pursuant thereto.”
George v. Hartford Accident & Indem. Co., 412 S.E.2d 43 (N.C. 1992).
“The statute at issue in this case, N.C.G.S. § 44A-16, outlines six ways that a lien, already properly filed against property, can be discharged.”
— N.C. Gen. Stat. § 44A-16(6) — 7 cases
George v. Hartford Accident & Indem. Co., 412 S.E.2d 43 (N.C. 1992).
“The statute at issue in this case, N.C.G.S. § 44A-16, outlines six ways that a lien, already properly filed against property, can be discharged.”
Warren Bros. v. Cmty. Bldg. Corp. of Atlanta, Inc., 386 F. Supp. 656 (M.D.N.C. 1974).
“Subsection (6) of N.C.G.S. § 44A-16 3 was enacted by the North Carolina General Assembly in 1971 and is simply a means whereby a lien held by the lienor may be cancelled by the lienee by depositing with the clerk of court a corporate surety bond equal to one and one-fourth times…”
Barrier Geotechnical Contractors, Inc. v. Radford Quarries of Boone, Inc., 646 S.E.2d 840 (N.C. Ct. App. 2007).
“Regardless of whether this is true, however, the liens have been discharged and cancelled by a 26 May 2006 order of a Watauga County Superior Court, pursuant to N.C. Gen.Stat. § 44A-16(6) (2005) (stating that a claim of lien can be discharged by posting of a surety bond for an…”
— N.C. Gen. Stat. § 44A-16(a) — 1 case
— N.C. Gen. Stat. § 44A-16(a)(1) — 2 cases
— N.C. Gen. Stat. § 44A-16(a)(3) — 1 case
— N.C. Gen. Stat. § 44A-16(a)(4) — 1 case
— N.C. Gen. Stat. § 44A-16(a)(6) — 1 case
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.