A North Carolina mechanic’s lien is used by a contractor to claim a financial interest in a home when they haven’t been compensated for their work. The completed document will include the lien’s filing date, the concerned property’s address and its legal description, the amount already paid (if applicable), the amount still owed, and a description of the contract under which the contractor (the “claimant”) was hired.
Unless the property has an assigned lien agent, the claimant is not legally required to give the property owner advanced notice before filing a mechanic’s lien with the office of the clerk of the superior court where the property is located. However, a copy of the lien must be served on the property owner and (if applicable) general contractor, although no proof of service is required (§ 44A-11). If the owner doesn’t pay the amount owed, the lien will be a part of the property’s public record until the debt has been paid or the lien expires (after 180 days).
Laws & Requirements
- Laws: Chapter 44A – Statutory Liens and Charges
- Signing Requirements (§ 44A-12(c)(6)): Claimant
- Where to Record: Clerk of the Superior Court
- Time Limit for Recording Lien (§ 44A-12(b)): One hundred twenty (120) days
- Deadline for Enforcing Lien (§ 44A-13(a)): One hundred eighty (180) days