reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 11A - Uniform Federal Lien Registration Act. › § 44-68.14 - Duties of filing officer.

§ 44-68.14. Duties of filing officer.
(a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) is presented to a filing officer who is:
(1) The Secretary of State, he shall cause the notice to be numbered, maintained, and indexed in accordance with G.S. 25-9-519, as if the notice were a financing statement within the meaning of the Uniform Commercial Code, Chapter 25 of the General Statutes; or
(2) Any other officer described in G.S. 44-68.12, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.
(b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing he shall cause:
(1) A record of a certificate of release or nonattachment to be numbered, maintained, and indexed as if a record of the certificate were a termination statement within the meaning of the Uniform Commercial Code, Chapter 25 of the General Statutes, but the record of the notice of lien to which the certificate relates may not be removed from the files; and
(2) A record of a certificate of discharge or subordination to be numbered, maintained, and indexed as if the record of the certificate were a release of collateral within the meaning of the Uniform Commercial Code, Chapter 25 of the General Statutes.
(c) If a refiled notice of federal lien referred to in subsection (a) or any of the certificates or notices referred to in subsection (b) is presented for filing to any other filing officer specified in G.S. 44-68.12, he shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.
(d) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this Article or (reference previous federal tax lien registration act), naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is five dollars ($5.00). Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of one dollar ($1.00) per page. (Ex. Sess. 1924, c. 44, ss. 2, 3; 1953, c. 1106, ss. 1, 2; 1963, c. 544; 1969, c. 216; 1989 (Reg. Sess., 1990), c. 1047, s. 1; 2000-169, ss. 33, 34.)
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 11A - Uniform Federal Lien Registration Act. › § 44-68.15 - Fees.

§ 44-68.15. Fees.
(a) The fee for filing and indexing each notice of lien or certificate or notice affecting the lien in the Office of the Secretary of State is:
(1) For a lien on real estate, five dollars ($5.00);
(2) For a lien on tangible and intangible personal property, five dollars ($5.00);
(3) For a certificate of discharge or subordination, five dollars ($5.00);
(4) For all other notices, including a certificate of release or nonattachment, five dollars ($5.00).
(b) The fee for filing and indexing each notice of lien or certificate or notice affecting the lien in the office of the Clerk of Superior Court, and the fee for furnishing the certificate or copies provided for in G.S. 44-68.14(d), is as provided in G.S. 7A-308.
(c) The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them. (1989 (Reg. Sess., 1990), c. 1047, s. 1.)
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 11A - Uniform Federal Lien Registration Act. › § 44-68.16 - Uniformity of application and construction.

§ 44-68.16. Uniformity of application and construction.
This Article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Article among states enacting it. (1989 (Reg. Sess., 1990), c. 1047, s. 1.)
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 11A - Uniform Federal Lien Registration Act. › § 44-68.17 - Liens and notices filed before August 1, 1990.

§ 44-68.17. Liens and notices filed before August 1, 1990.
All liens, notices, certificates, releases and refilings filed before August 1, 1990, to which this Article would otherwise apply if such filing occurred on or after August 1, 1990, and any indexes pertaining thereto, shall be transferred to and maintained in the office in which such filing would have been made had the filing occurred on or after August 1, 1990. (1989 (Reg. Sess., 1990), c. 1047, s. 1.)
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 12 - Liens on Certain Agricultural Products. › § 44-69 - Effective period for lien on leaf tobacco sold in auction warehouse.

§ 44-69. Effective period for lien on leaf tobacco sold in auction warehouse.
No chattel mortgage, agricultural lien, or other lien of any nature upon leaf tobacco shall be effective for any purpose for a longer period than six months after the sale of such tobacco at a regular sale in an auction tobacco warehouse during the regular season for auction sales of tobacco in such warehouse. This section shall not absolve any person from prosecution and punishment for crime. (1943, c. 642, s. 1; 1975, c. 318.)
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 12 - Liens on Certain Agricultural Products. › § 44-69.1 - Effective period for liens on peanuts, cotton and grains.

§ 44-69.1. Effective period for liens on peanuts, cotton and grains.
No chattel mortgage, agricultural lien or other lien of any nature upon peanuts, cotton, soybeans, corn, wheat or other grains shall be effective for any purpose for a longer period than 18 months from the date of sale or the date of delivery to the purchaser, whichever date shall fall last. This section shall not absolve any person from prosecution and punishment for crime. (1955, c. 266; 1975, c. 318.)
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 12 - Liens on Certain Agricultural Products. › § 44-69.2 - Effective period for liens on fruits and vegetables.

§ 44-69.2. Effective period for liens on fruits and vegetables.
No security interest in or lien on fruits and vegetables sold at a regular sale at an auction market at which the Department of Agriculture and Consumer Services furnishes certified inspectors pursuant to Article 17 of Chapter 106 is effective for any purpose more than six months after the date of the sale. This section does not absolve any person from prosecution and punishment for crime. (1981, c. 640, s. 2; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 44 - Liens › Article 15 - Liens for Overdue Child Support. › § 44-87 - Discharge of lien; penalty for failure to discharge.

§ 44-87. Discharge of lien; penalty for failure to discharge.
(a) Liens created by this Article may be discharged as follows:
(1) By the designated representative in IV-D cases, or by the obligee in non-IV-D cases, filing with the clerk of superior court an acknowledgment that the obligor has satisfied the full amount of the lien;
(2) By depositing with the clerk of superior court money equal to the amount of the claim and filing a petition in the cause requesting a district court judge to determine the validity of the lien. The money shall not be disbursed except by order of a district court judge following the hearing on the merits; or
(3) By an entry in the judgment docket book that the action on the part of the lien claimant to enforce the lien has been dismissed, or a judgment has been rendered against the claimant in such action.
(b) An obligee in a non-IV-D case who has received payment in full for a delinquent child support obligation which is the basis for the lien shall, within 30 days of receipt of payment, file with the clerk of court an acknowledgment that the obligor has satisfied the full amount of the lien and that the lien is discharged. If the lienholder fails to timely file the acknowledgment, the obligor may, after serving notice on the obligee, file an action in district court to discharge the lien. If in an action filed by the obligor to discharge the lien, the court discharges the lien and finds that the obligee failed to timely file an acknowledgment discharging the lien, then the court may allow the prevailing party to recover reasonable attorneys' fees to be taxed as court costs against the obligee. (1997-433, s. 7; 1998-17, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 1 - Possessory Liens on Personal Property. › § 44A-1 - Definitions.

§ 44A-1. Definitions.
As used in this Article:
(1) "Legal possessor" means
a. Any person entrusted with possession of personal property by an owner thereof, or
b. Any person in possession of personal property and entitled thereto by operation of law.
(2) "Lienor" means any person entitled to a lien under this Article.
(2a) "Motor Vehicle" has the meaning provided in G.S. 20-4.01.
(3) "Owner" means
a. Any person having legal title to the property, or
b. A lessee of the person having legal title, or
c. A debtor entrusted with possession of the property by a secured party, or
d. A secured party entitled to possession, or
e. Any person entrusted with possession of the property by his employer or principal who is an owner under any of the above.
(4) "Secured party" means a person holding a security interest.
(5) "Security interest" means any interest in personal property which interest is subject to the provisions of Article 9 of the Uniform Commercial Code, or any other interest intended to create security in real or personal property.
(6) "Vessel" has the meaning provided in G.S. 75A-2. (1967, c. 1029, s. 1; 1991, c. 731, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 1 - Possessory Liens on Personal Property. › § 44A-3 - When lien arises and terminates.

§ 44A-3. When lien arises and terminates.
Liens conferred under this Article arise only when the lienor acquires possession of the property and terminate and become unenforceable when the lienor voluntarily relinquishes the possession of the property upon which a lien might be claimed, or when an owner, his agent, a legal possessor or any other person having a security or other interest in the property tenders prior to sale the amount secured by the lien plus reasonable storage, boarding and other expenses incurred by the lienor. The reacquisition of possession of property voluntarily relinquished shall not reinstate the lien. Liens conferred under this Article do not terminate when the lienor involuntarily relinquishes the possession of the property. (1967, c. 1029, s. 1; 1991, c. 344, s. 3, c. 731, s. 2.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 1 - Possessory Liens on Personal Property. › § 44A-5 - Proceeds of sale.

§ 44A-5. Proceeds of sale.
The proceeds of the sale shall be applied as follows:
(1) Payment of reasonable expenses incurred in connection with the sale. Expenses of sale include but are not limited to reasonable storage and boarding expenses after giving notice of sale.
(2) Payment of the obligation secured by the lien.
(3) Any surplus shall be paid to the person entitled thereto; but when such person cannot be found, the surplus shall be paid to the clerk of superior court of the county in which the sale took place, to be held by the clerk for the person entitled thereto. (1967, c. 1029, s. 1; 1971, c. 544, s. 2.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 1 - Possessory Liens on Personal Property. › § 44A-6 - Title of purchaser.

§ 44A-6. Title of purchaser.
A purchaser for value at a properly conducted sale, and a purchaser for value without constructive notice of a defect in the sale, whether or not the purchaser is the lienor or an agent of the lienor, acquires title to the property free of any interests over which the lienor was entitled to priority. (1967, c. 1029, s. 1; 1995, c. 480, s. 2.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 1 - Possessory Liens on Personal Property. › § 44A-6.1 - Action to regain possession of a motor vehicle or vessel.

§ 44A-6.1. Action to regain possession of a motor vehicle or vessel.
(a) When the lienor involuntarily relinquishes possession of the property and the property upon which the lien is claimed is a motor vehicle or vessel, the lienor may institute an action to regain possession of the motor vehicle or vessel in small claims court any time following the lienor's involuntary loss of possession and following maturity of the obligation to pay charges. The lienor shall serve a copy of the summons and the complaint pursuant to G.S. 1A-1, Rule 4, on each secured party claiming an interest in the vehicle or vessel. For purposes of this section, involuntary relinquishment of possession includes only those situations where the owner or other party takes possession of the motor vehicle or vessel without the lienor's permission or without judicial process. If in the court action the owner or other party retains possession of the motor vehicle or vessel, the owner or other party shall pay the amount of the lien asserted as bond into the clerk of the court in which the action is pending.
If within three days after service of the summons and complaint, as the number of days is computed in G.S. 1A-1, Rule 6, neither the defendant nor a secured party claiming an interest in the vehicle or vessel files a contrary statement of the amount of the lien at the time of the filing of the complaint, the amount set forth in the complaint shall be deemed to be the amount of the asserted lien. The clerk may at any time disburse to the lienor that portion of the cash bond which is not in dispute, upon application of the lienor. The magistrate shall:
(1) Direct appropriate disbursement of the disputed or undisbursed portion of the bond; and
(2) Direct appropriate possession of the motor vehicle or vessel if, in the judgment of the court, the plaintiff has a valid right to a lien.
(b) Either party to an action pursuant to subsection (a) of this section may appeal to district court for a trial de novo. (1991, c. 344, s. 2, c. 731, s. 4.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-7 - Definitions.

§ 44A-7. Definitions.
Unless the context otherwise requires, the following definitions apply in this Article:
(1) Contractor. – A person who contracts with an owner to improve real property.
(2) First tier subcontractor. – A person who contracts with a contractor to improve real property.
(3) Improve. – To build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill or landscape any real property, or to construct driveways and private roadways, or to furnish materials, including trees and shrubbery, for any of such purposes, or to perform any labor upon such improvements, and shall also mean and include any design or other professional or skilled services furnished by architects, engineers, land surveyors and landscape architects registered under Chapter 83A, 89A or 89C of the General Statutes, and rental of equipment directly utilized on the real property in making the improvement.
(4) Improvement. – All or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and private roadways, on real property.
(4a) Inspection department. – Any city or county building inspection department authorized by Chapter 160A or Chapter 153A of the General Statutes.
(4b) Lien agent. – A title insurance company or title insurance agency designated by an owner pursuant to G.S. 44A-11.1.
(5) Obligor. – An owner, contractor, or subcontractor in any tier who owes money to another as a result of the other's partial or total performance of a contract to improve real property.
(6) Owner. – A person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. "Owner" includes successors in interest of the owner and agents of the owner acting within their authority.
(6a) Potential lien claimant. – Any person entitled to claim a lien for improvements to real property under this Article who is subject to G.S. 44A-11.1.
(7) Real property. – The real estate that is improved, including lands, leaseholds, tenements and hereditaments, and improvements placed thereon.
(8) Second tier subcontractor. – A person who contracts with a first tier subcontractor to improve real property.
(9) Third tier subcontractor. – A person who contracts with a second tier subcontractor to improve real property. (1969, c. 1112, s. 1; 1975, c. 715, s. 1; 1985, c. 689, s. 13; 1995 (Reg. Sess., 1996), c. 607, s. 1; 2012-158, s. 1; 2012-175, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-8 - Mechanics', laborers', and materialmen's lien; persons entitled to claim of lien on real property.

§ 44A-8. Mechanics', laborers', and materialmen's lien; persons entitled to claim of lien on real property.
Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a right to file a claim of lien on real property on the real property to secure payment of all debts owing for labor done or professional design or surveying services or material furnished or equipment rented pursuant to the contract. (1969, c. 1112, s. 1; 1975, c. 715, s. 2; 1995 (Reg. Sess., 1996), c. 607, s. 2; 2005-229, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-9 - Extent of claim of lien on real property.

§ 44A-9. Extent of claim of lien on real property.
A claim of lien on real property authorized under this Article shall extend to the improvement and to the lot or tract on which the improvement is situated, to the extent of the interest of the owner. When the lot or tract on which a building is erected is not surrounded at the time of making the contract with the owner by an enclosure separating it from adjoining land of the same owner, the lot or tract to which any claim of lien on real property extends shall be the area that is reasonably necessary for the convenient use and occupation of the building, but in no case shall the area include a building, structure, or improvement not normally used or occupied or intended to be used or occupied with the building with respect to which the claim of lien on real property is claimed. (1969, c. 1112, s. 1; 2005-229, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-10 - Effective date of claim of lien on real property.

§ 44A-10. Effective date of claim of lien on real property.
A claim of lien on real property granted by this Article shall relate to and take effect from the time of the first furnishing of labor or materials at the site of the improvement by the person claiming the claim of lien on real property. (1969, c. 1112, s. 1; 2005-229, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-11 - Perfecting claim of lien on real property.

§ 44A-11. Perfecting claim of lien on real property.
(a) Perfection. – A claim of lien on real property granted by this Article shall be perfected as of the time provided in G.S. 44A-10 upon the occurrence of all of the following:
(1) Service of a copy of the claim of lien on real property upon the record owner of the real property claimed to be subject to the claim of lien and, if the claim of lien on real property is being asserted pursuant to G.S. 44A-23, also upon the contractor through which subrogation is being asserted.
(2) Filing of the claim of lien on real property under G.S. 44A-12.
(b) Method of Service. – Service of the claim of lien on real property pursuant to subsection (a) of this section shall not require proof of actual receipt by the listed recipient and shall be complete upon the occurrence of any of the following:
(1) Personal delivery of a copy of the claim of lien on real property upon the recipient.
(2) Deposit of a copy of the claim of lien on real property in a postpaid, properly addressed wrapper in either of the following:
a. A post office or official depository under the exclusive care and custody of the United States Postal Service.
b. An authorized depository under the exclusive care and custody of a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2).
(c) Service Address. – For purposes of this section, a wrapper addressed to a party required to be served under subdivision (1) of subsection (a) of this section shall be conclusively deemed properly addressed if it uses any of the following addresses:
(1) The address for the party to be served listed on the permit issued for the improvement.
(2) The address for the party to be served listed with the tax rolls for any county in North Carolina.
(3) The address of the registered agent for the party to be served listed with the North Carolina Secretary of State's office. (1969, c. 1112, s. 1; 2005-229, s. 1; 2012-175, s. 2.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-12.1 - No docketing of lien unless authorized by statute.

§ 44A-12.1. No docketing of lien unless authorized by statute.
(a) The clerk of superior court shall not index, docket, or record a claim of lien on real property or other document purporting to claim or assert a lien on real property in such a way as to affect the title to any real property unless the document:
(1) Is offered for filing under this Article or another statute that provides for indexing and docketing of claims of lien on real property; and
(2) Appears on its face to contain all of the information required by the statute under which it is offered for filing.
(b) The clerk may accept, for filing only, any document that does not meet the criteria established for indexing, docketing, or recording under subsection (a) of this section. If the clerk does accept this document, the clerk shall inform the person offering the document that it will not be indexed, docketed, or recorded in any way as to affect the title to any real property.
(c) Any person who causes or attempts to cause a claim of lien on real property or other document to be filed, knowing that the filing is not authorized by statute, or with the intent that the filing is made for an improper purpose such as to hinder, harass, or otherwise wrongfully interfere with any person, shall be guilty of a Class I felony.
(d) A claim of lien on real property, a claim of lien on real property with a notice of claim of lien upon funds attached thereto, or other document purporting to claim or assert a lien on real property that is filed by an attorney licensed in the State of North Carolina and that otherwise complies with subsection (a) of this section shall not be rejected by the clerk of superior court for indexing, docketing, recording, or filing. (2001-495, s. 1; 2005-229, s. 1; 2012-150, s. 6.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-14 - Sale of property in satisfaction of judgment enforcing claim of lien on real property or upon order prior to judgment; distribution of proceeds.

§ 44A-14. Sale of property in satisfaction of judgment enforcing claim of lien on real property or upon order prior to judgment; distribution of proceeds.
(a) Execution Sale; Effect of Sale. - Except as provided in subsection (b) of this section, sales under this Article and distribution of proceeds thereof shall be made in accordance with the execution sale provisions set out in G.S. 1-339.41 through 1-339.76. The sale of real property to satisfy a claim of lien on real property granted by this Article shall pass all title and interest of the owner to the purchaser, good against all claims or interests recorded, filed or arising after the first furnishing of labor or materials at the site of the improvement by the person claiming a lien.
(b) Sale of Property upon Order Prior to Judgment. - A resident judge of superior court in the district in which the action to enforce the claim of lien on real property is pending, a judge regularly holding the superior courts of the said district, any judge holding a session of superior court, either civil or criminal, in the said district, a special judge of superior court residing in the said district, or the chief judge of the district court in which the action to enforce the claim of lien on real property is pending, may, upon notice to all interested parties and after a hearing thereupon and upon a finding that a sale prior to judgment is necessary to prevent substantial waste, destruction, depreciation or other damage to said real property prior to the final determination of said action, order any real property against which a claim of lien on real property under this Article is asserted, sold in any manner determined by said judge to be commercially reasonable. The rights of all parties shall be transferred to the proceeds of the sale. Application for such order and further proceedings thereon may be heard in or out of session. (1969, c. 1112, s. 1; 2005-229, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-15 - Attachment available to lien claimant.

§ 44A-15. Attachment available to lien claimant.
In addition to other grounds for attachment, in all cases where the owner removes or attempts or threatens to remove an improvement from real property subject to a claim of lien on real property under this Article, without the written permission of the lien claimant or with the intent to deprive the lien claimant of his or her claim of lien on real property, the remedy of attachment of the property subject to the claim of lien on real property shall be available to the lien claimant or any other person. (1969, c. 1112, s. 1; 2005-229, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-21 - Pro rata payments.

§ 44A-21. Pro rata payments.
(a) Where the obligor is a contractor or subcontractor and the funds in the hands of the obligor and the obligor's personal liability, if any, under G.S. 44A-20 are less than the amount of valid liens upon funds that have been received by the obligor under this Article, the parties entitled to liens upon funds shall share the funds on a pro rata basis.
(b) Where the obligor is an owner and the funds in the hands of the obligor and the obligor's personal liability, if any, under G.S. 44A-20 are less than the sum of the amount of valid claims of liens upon funds that have been received by the obligor under this Article and the amount of the valid claims of liens on real property upon the owner's property filed by the subcontractors with the clerk of superior court under G.S. 44A-23, the parties entitled to liens upon funds and the parties entitled to subrogation claims of liens on real property upon the owner's property shall share the funds on a pro rata basis. (1971, c. 880, s. 1; 1998-217, s. 4(d); 2005-229, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-22 - Priority of liens upon funds.

§ 44A-22. Priority of liens upon funds.
Liens upon funds perfected under this Article have priority over all other interests or claims theretofore or thereafter created or suffered in the funds by the person against whose interest the lien upon funds is asserted, including, but not limited to, liens arising from garnishment, attachment, levy, judgment, assignments, security interests, and any other type of transfer, whether voluntary or involuntary. Any person who receives payment from an obligor in bad faith with knowledge of a lien upon funds shall take such payment subject to the lien upon funds. (1971, c. 880, s. 1; 2005-229, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24 - False statement a misdemeanor and grounds for disciplinary action against a licensed contractor or qualifying party.

§ 44A-24. False statement a misdemeanor and grounds for disciplinary action against a licensed contractor or qualifying party.
If any contractor or other person receiving payment from an obligor for an improvement to real property or from a purchaser for a conveyance of real property with improvements subject to this Article or to Article 3 of this Chapter shall knowingly furnish to such obligor, purchaser, or to a lender who obtains a security interest in said real property, or to a title insurance company insuring title to such real property, a false written statement of the sums due or claimed to be due for labor or material furnished at the site of improvements to such real property, then such contractor, subcontractor or other person shall be guilty of a Class 1 misdemeanor. Upon conviction and in the event the court shall grant any defendant a suspended sentence, the court may in its discretion include as a condition of such suspension a provision that the defendant shall reimburse the party who suffered loss on such conditions as the court shall determine are proper.
The elements of the offense herein stated are the furnishing of the false written statement with knowledge that it is false and the subsequent or simultaneous receipt of payment from an obligor or purchaser by the person signing the document, a person directing another to sign the document, or any person or entity for whom the document was signed. In any criminal prosecution hereunder it shall not be necessary for the State to prove that the obligor, purchaser, lender or title insurance company relied upon the false statement or that any person was injured thereby.
In addition to the criminal sanctions created by this section, conduct constituting the offense herein stated and causing actual harm to any person by any licensed contractor or qualifying party, as that term is used in Chapter 87 of the General Statutes, shall constitute deceit and misconduct subject to disciplinary action under Chapter 87 of the General Statutes, including revocation, suspension, or restriction of a license or the ability to act as a qualifying party for a license. (1971, c. 880, s. 1.1; 1973, c. 991; 1993, c. 539, s. 406; 1994, Ex. Sess., c. 24, s. 14(c); 2012-175, s. 10.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.2 - Definitions.

§ 44A-24.2. Definitions.
The following definitions apply in this Part:
(1) Broker. - A real estate broker licensed pursuant to Chapter 93A of the General Statutes.
(2) Broker services. - Services for which a license issued by the North Carolina Real Estate Commission is required pursuant to Chapter 93A of the General Statutes.
(3) Commercial real estate. - Any real property or interest therein, whether freehold or nonfreehold, which at the time the property or interest is made the subject of an agreement for broker services:
a. Is lawfully used primarily for sales, office, research, institutional, agricultural, forestry, warehouse, manufacturing, industrial, or mining purposes or for multifamily residential purposes involving five or more dwelling units;
b. May lawfully be used for any of the purposes listed in sub-subdivision (3)a. of this section by a zoning ordinance adopted pursuant to the provisions of Chapter 160D of the General Statutes or which is the subject of an official application or petition to amend the applicable zoning ordinance to permit any of the uses listed in sub-subdivision (3)a. of this section which is under consideration by the government agency with authority to approve the amendment; or
c. Is in good faith intended to be immediately used for any of the purposes listed in sub-subdivision (3)a. of this section by the parties to any contract, lease, option, or offer to make any contract, lease, or option.
(4) Commission. - Any compensation which is due a broker for performance of broker services.
(5) Lien claimant. - A broker claiming a lien pursuant to this Part.
(6) Owner. - The owner of record of any interest in commercial real estate. (2011-165, s. 1; 2012-194, s. 15; 2017-211, s. 17; 2022-62, s. 6.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.3 - Commercial real estate lien.

§ 44A-24.3. Commercial real estate lien.
(a) A broker shall have a lien upon commercial real estate in the amount that the broker is due under a written agreement for broker services signed by the owner or signed by the owner's duly authorized agent, if:
(1) The broker has performed under the provisions of the agreement;
(2) The written agreement for broker services clearly sets forth the broker's duties to the owner; and
(3) The written agreement for broker services sets forth the conditions upon which the compensation shall be earned and the amount of such compensation.
(b) The lien under this section shall be available only to the broker named in the instrument signed by the owner or the owner's duly authorized agent. A lien under this section shall be available only against the commercial real estate which is the subject of the written agreement for broker services.
(c) When payment of commission to a broker is due in installments, a portion of which is due only after the conveyance or transfer of the commercial real estate, any notice of lien for those payments due after the transfer or conveyance may be recorded at any time subsequent to the transfer or conveyance of the commercial real estate and within 90 days of the date on which the payment is due. The notice of lien shall be effective as a lien against the owner's interest in the commercial real estate only to the extent funds are owed to the owner by the transferee, but the lien shall be effective as a lien against the transferee's interest in the commercial real estate. A single claim for lien filed prior to transfer or conveyance of the commercial real estate claiming all commissions due in installments shall also be valid and enforceable as it pertains to payments due after the transfer or conveyance; provided, however, that as payments or partial payments of commission are received, the broker shall provide partial releases for those payments, thereby reducing the amount due the broker under the broker's lien. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.4 - When lien attaches to commercial real estate.

§ 44A-24.4. When lien attaches to commercial real estate.
A lien authorized by this Part attaches to the commercial real estate only when the lien claimant files a timely notice of the lien conforming to the requirements of G.S. 44A-24.5 and this section in the office of the clerk of superior court. A notice of lien is timely if it is filed after the claimant's performance under the written agreement for broker services and before the conveyance or transfer of the commercial real estate which is the subject of the lien, except that in the case of a lease or transfer of a nonfreehold interest, the notice of a lien shall be filed no later than 90 days following the tenant's possession of the commercial real estate or no later than 60 days following any date or dates set out in the written agreement for broker services for subsequent payment or payments. When a notice of a lien is filed more than 30 days preceding the date for settlement or possession set out in an offer to purchase, sales contract, or lease, which establishes the broker's claim of performance, the lien shall be available only upon grounds of the owner's breach of the written agreement for broker services. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.5 - Lien notice; content.

§ 44A-24.5. Lien notice; content.
(a) A lien notice under this Part shall be signed by the lien claimant and shall contain an attestation by the lien claimant that the information contained in the notice is true and accurate to the best of the lien claimant's knowledge and belief.
(b) The lien notice shall include all of the following information:
(1) The name of the lien claimant.
(2) The name of the owner.
(3) A description of the commercial real estate upon which the lien is being claimed.
(4) The amount for which the lien is claimed and whether the amount is due in installments.
(5) The claimant's grounds for the lien, including a reference to the written agreement for broker services that is the basis for the lien. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.6 - When lien claim release or satisfaction to be filed.

§ 44A-24.6. When lien claim release or satisfaction to be filed.
If a claim for a lien has been filed with the clerk of superior court and a condition occurs that would preclude the lien claimant from receiving compensation under the terms of the written agreement for broker services on which the lien is based, the lien claimant shall file and serve the owner of record a written release or satisfaction of the lien promptly, and in no event more than 30 days after the demand. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.7 - Lien claimant to mail copy of notice of lien to owner by certified mail.

§ 44A-24.7. Lien claimant to mail copy of notice of lien to owner by certified mail.
Any lien claimant who files a lien on commercial real estate pursuant to the provisions of this Part shall mail a copy of the notice of the lien to the owner of the commercial real estate by certified mail, return receipt requested, or shall serve a copy of the notice of the lien in accordance with any of the provisions for service of process set forth in G.S. 1A-1, Rule 4. The lien claimant shall file proof of service with the clerk of the superior court. The lien is void if the lien claimant does not file and serve the lien as provided in this Part. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.8 - Enforcing lien.

§ 44A-24.8. Enforcing lien.
A lien claimant may bring suit to enforce a lien which attaches pursuant to the provisions of this Part in any court of competent jurisdiction in the county where the commercial real estate is located. The lien claimant shall commence proceedings within 18 months after filing the lien, and failure to commence proceedings within the 18 months shall extinguish the lien. If a claim is based upon an option to purchase the commercial real estate, the lien claimant shall commence proceedings within one year of the option to purchase being exercised. A claim for the same lien extinguished pursuant to this section and G.S. 44A-24.10 may not be asserted in any subsequent proceeding. A lender shall not be made a party to any suit to enforce a lien under this Part unless the lender has willfully caused the nonpayment of the commission giving rise to the lien. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.9 - Complaint; content; parties' foreclosure action; procedure.

§ 44A-24.9. Complaint; content; parties' foreclosure action; procedure.
(a) A complaint filed pursuant to the provisions of this section and G.S. 44A-24.8 shall contain all of the following:
(1) A statement of the terms of the written agreement for broker services on which the lien is based or a copy of the written contract or agreement.
(2) The date when the written agreement for broker services was made.
(3) A description of the services performed.
(4) The amount due and unpaid.
(5) A description of the property that is subject to the lien.
(6) Any other facts necessary for a full understanding of the rights of the parties.
(b) The plaintiff shall file the action against all parties that have an interest of record in the commercial real estate; provided that a lender shall not be made a party to any suit to enforce a lien under this Part unless the lender has willfully caused the nonpayment of the commission giving rise to the lien: a foreclosure action for a lien claimed pursuant to this Part shall be brought pursuant to the provisions of this Article.
(c) Valid prior recorded liens or mortgages shall have priority over a lien under this Part. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.10 - Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner.

§ 44A-24.10. Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner.
If a lien claimant fails to file a suit to enforce the lien or fails to file an answer in a pending suit to enforce a lien within 30 days after a properly served written demand of the owner, lienee, or other authorized agent, the lien shall be extinguished. Service of the demand shall be by certified mail, return receipt requested, or by personal service. The claimant shall file proof of properly served written demand with the clerk of the superior court. The provisions of this section shall not extend to any other deadline provided by law for the filing of any pleadings or for the foreclosure of any lien governed by this Part. (2011-165, s. 1; 2012-175, s. 12(b).)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.11 - Satisfaction or release of lien.

§ 44A-24.11. Satisfaction or release of lien.
If a claim for a lien has been filed pursuant to the provisions of this Part with the clerk of superior court and the claim has been paid in full, or if the lien claimant fails to institute a suit to enforce the lien within the time as provided by law, the lien claimant shall acknowledge satisfaction or release of the lien in writing upon written demand of the owner promptly, and in no event more than 30 days after the demand. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.12 - Cost of proceeding to be paid by nonprevailing party.

§ 44A-24.12. Cost of proceeding to be paid by nonprevailing party.
The costs of any proceeding brought to enforce a lien filed pursuant to this Part, including reasonable attorneys' fees and prejudgment interest due to the prevailing party, shall be paid by the nonprevailing party or parties. If more than one party is responsible for costs, fees, and prejudgment interest, the costs, fees, and prejudgment interest shall be equitably apportioned by the court among the responsible parties. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.13 - Discharge of lien.

§ 44A-24.13. Discharge of lien.
(a) Unless an alternative procedure is available and is acceptable to the transferee in a real estate transaction, any claim of lien on commercial real estate 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 the commercial real estate indebtedness, whereupon the clerk of superior court shall enter on the record of the claim of lien on the commercial real estate the 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 the commercial real estate indebtedness has been paid or satisfied, whereupon the clerk of superior court shall cancel the claim of lien on the commercial real estate by entry of satisfaction on the record of the claim of lien on the commercial real estate.
(3) By failure to enforce the claim of lien on the commercial real estate 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 the commercial real estate has been dismissed or finally determined adversely to the claimant.
(5) Whenever funds in an amount equal to one hundred twenty-five percent (125%) of the amount of the claim of lien on the commercial real estate is deposited with the clerk of superior court to be applied to the payment finally determined to be due, whereupon the clerk of superior court shall cancel the claim of lien on the commercial real estate.
(6) Whenever a corporate surety bond, in an amount equal to one hundred twenty-five percent (125%) of the amount of the claim of lien on the commercial real estate and conditioned upon the payment of the amount finally determined to be due in satisfaction of the claim of lien on the commercial real estate is deposited with the clerk of superior court, whereupon the clerk of superior court shall cancel the claim of lien on the commercial real estate.
(7) By failure to file documentation if required pursuant to G.S. 44A-24.6 or G.S. 44A-24.10.
(b) If funds in an amount equal to one hundred twenty-five percent (125%) of the amount that is sufficient to release the claim of lien have been deposited with the clerk of superior court, or a bond in an equal amount has been secured, the lien claimant shall release the claim for the lien on the commercial real estate, and the lien claimant shall have a lien on the funds deposited with the clerk of superior court. (2011-165, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 2 - Statutory Liens on Real Property. › § 44A-24.14 - Priority of lien under this Part.

§ 44A-24.14. Priority of lien under this Part.
Any claim of lien on real property or claim of lien on funds allowed under Part 1 or Part 2 of this Article shall be deemed superior in all respects to any lien asserted under this Part, regardless of the effective date of the competing liens and shall survive notwithstanding any judgment awarding a lien under this Part. No lien claimant filing a lien pursuant to this Part shall be entitled to participate in any pro rata distributions to claimants proceeding under G.S. 44A-21. (2011-165, s. 1.)