An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Carolina Complaint or Petition to Foreclose on Mechanic's Lien
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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 ...
With North Carolina ELT and its connection with the North Carolina DMV, finance companies that receive a vehicle payoff will be able to release the lien on the vehicle through the ELT system. Upon lien release, titles will automatically be printed and mailed.
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.
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 ...
North Carolina Lien Deadlines The Mechanics Lien must be served no longer than 120 days after the last provision of labor or materials and enforced within 180 days of this date.
File a Lawsuit to Vacate the Lien: Finally, property owners in North Carolina can always fight the lien once the contractor files a lawsuit. In North Carolina, a contractor must file a formal lawsuit after filing a mechanic's lien.
Obtain a Court Order ? At times, liens are obtained through fraud, coercion, bad faith, or other illegal means. If you believe your lien is not valid and the creditor will not rectify the situation, you can file a motion in court and ask a judge to remove the lien.
Under North Carolina law judgment liens expire ten years from entry of the judgement. The bankruptcy, however, can extend the statute of limitations in favor of the pre-petition lien holder in certain circumstances.
