How Do I Release a Lien Against Someone Wrongfully Named?
Full Question:
I have received a claim of lien on real property. The company claiming the lien has listed the owner of the real property as 'John' which is correct, but they also list my neighbor whom has no relationship with the person claiming the lien. the 120 day limit expires June 27th. Is this lien valid as it stands or would it have to be refiled before the deadline?
06/24/2009 |
Category: Civil Actions ยป Liens |
State: North Carolina |
#17171
Answer:
I'm unsure of the type of lien your referring to and the nature of the deadline. In North Carolina, a mechanics lien usually has to be foreclosed on 180 after last furnishing labor or materials. If it's not a mechanic's lien, and a judgment lien instead, the neighbor should be notified if wrongfully named so that the lien may be released against the neighbor.
The following is a NC statute:
§ 44A-16. Discharge of record claim of lien on real property.
Any claim of lien on real property 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 real property indebtedness,
whereupon the clerk of superior court shall forthwith make upon the
record of such claim of lien on real property an entry of such
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 real property indebtedness has been paid or
satisfied, whereupon the clerk of superior court shall cancel the claim
of lien on real property by entry of satisfaction on the record of such
claim of lien on real property.
(3) By failure to enforce the claim of lien on real property 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 real property has been dismissed or finally determined
adversely to the claimant.
(5) Whenever a sum equal to the amount of the claim or claims of lien
on real property claimed is deposited with the clerk of court, to be
applied to the payment finally determined to be due, whereupon the clerk
of superior court shall cancel the claim or claims of lien on real
property or claims of lien on real property of record.
(6) Whenever a corporate surety bond, in a sum equal to one and
one-fourth times the amount of the claim or claims of lien on real
property claimed and conditioned upon the payment of the amount finally
determined to be due in satisfaction of said claim or claims of lien on
real property, is deposited with the clerk of court, whereupon the clerk
of superior court shall cancel the claim or claims of lien on real
property of record.
