Well, the answer to that question is – yes, you can definitely sell a house with a lien in North Carolina (or any residential property). However, there are some things that you need to consider here.
A lien release (also called release of lien) is a document that is filed with government authorities as the official notice that the lien is removed. Once payment has been received, a lien holder has a duty to remove any lien that was filed against the property.
This document can be obtained from the public records in the county where the property is located or from your title company or title attorney. Recorded copies of all assignments in the chain of title leading to the FDIC receivership.
Interested members of the public can conduct judgement lien searches in North Carolina by querying the Clerk of Court office of any county where a debtor owns property. Queries can be made in person at the courthouse. Alternatively, inquirers can contact clerks by phone.
The NC law clearly gives the creditor a 10 year period to enforce his lien and the statutes, N.C.G.S. § 1-234, and § 1-23 appear to extend the time period when execution is restrained.
You can request a surveying record from your local building department. Alternatively, you can request a certified copy from your land recorder's office. Some owners choose to share land surveys with tax attorneys and authorities.
The online system involves a simple 3-step process: Register the project by filing an Appointment of Lien Agent, Include potential lien claimants' contact information by filing Notice(s) to Lien Agent, and. Perform a search to see all NC construction projects.
File the lien: If the debt is still unpaid after 30 days, you can file a lien with the North Carolina County Register of Deeds in the county where the property is located. The lien must be filed within 120 days of the last date of service or supply.
However, laws in North Carolina protect consumers from wage garnishment. Most unsecured debts in North Carolina, such as medical bills and credit card debt, cannot be garnished from your paycheck. However, a creditor can put a lien on your property or levy your bank account.
North Carolina Lien Agents General Statute 44A-11.1 requires a lien agent to be appointed by an owner on projects that are valued at $30,000 or more. If you are unsure of who the lien agent is on your project, you can either request this information from the owner or review the building permit.