Full question:
I have received a claim of lien on real property. The company claiming the lien has listed the owner of the real property as 'John' which is correct, but they also list my neighbor whom has no relationship with the person claiming the lien. the 120 day limit expires June 27th. Is this lien valid as it stands or would it have to be refiled before the deadline?
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: North Carolina
Answer:
I'm not certain about the specific type of lien you're dealing with and the nature of the deadline. In North Carolina, a mechanics lien typically must be enforced within one hundred eighty days after the last labor or materials were provided. If this is not a mechanics lien but rather a judgment lien, it's important to notify the neighbor who is incorrectly named so that the lien can be released against them.
According to North Carolina law (N.C. Gen. Stat. § 44A-16), a claim of lien on real property can be discharged by several methods, including:
- Acknowledgment of satisfaction by the lien claimant in the presence of the clerk of superior court.
- A satisfaction instrument signed by the lien claimant, stating the lien has been paid or satisfied.
- Failure to enforce the lien within the prescribed time.
- Filing a judgment showing the claim has been dismissed or determined against the claimant.
- Depositing a sum equal to the claim with the clerk of court.
- Depositing a corporate surety bond equal to one and one-fourth times the claim amount.
Given the incorrect naming of your neighbor, the lien may need to be refiled or corrected before the deadline if it is to remain valid.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.