File A Lis Pendens On Property In North Carolina

State:
Multi-State
Control #:
US-00403BG
Format:
Word
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Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

Upon the issuance of a complaint and notice of hearing or order pursuant thereto, a notice of lis pendens, with a copy of the complaint and notice of hearing or order attached thereto, may be filed by the inspector in the office of the clerk of superior court for the county, as provided in G.S. 1-120.2.

How long does a judgment lien last in North Carolina? A judgment lien in North Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.

In North Carolina, a mechanic's lien remains valid for 180 days after the last day after the last date labor was furnished or materials were supplied to the project. Usually, most disputes about mechanic's liens are resolved within this time.

In North Carolina, a lien claimant has 120 days from the date of last furnishing to complete these 3 steps: Fill out a mechanics lien form that meets NC requirements. File the lien with the county recorder's office. Serve a copy of the lien on the property owner.

Lis pendens means suit pending in Latin. In the foreclosure process, a lis pendens is a public document that's filed with the county clerk at the same time that your lender files your public foreclosure complaint.

Under North Carolina law judgment liens expire ten years from entry of the judgement.

The North Carolina personal injury statute of limitations is generally three years, per G.S. §1-52. However, there are exceptions to this law. A personal injury lawyer can help you understand what the specific deadline is for your case.

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.

If you are requesting more than the limit, up to $25,000, your case must be filed in district court. If you are requesting more than $25,000, your case must be filed in superior court.

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File A Lis Pendens On Property In North Carolina