Form Lis Pendens For Personal 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

The manner of such enforcement shall be as provided by G.S. 44A-7 through 44A-16. The claim of lien on real property is perfected as of the time set forth in G.S. 44A-10 upon filing of the claim of lien on real property pursuant to G.S. 44A-12.

North Carolina imposes no specific licensing requirement in order to file a valid mechanics lien.

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.

Lis pendens (a pending suit), in general terms, is a notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and they are in danger of being bound by an adverse judgment.

The Massachusetts lis pendens statute serves to protect the rights of the property owner as well. A memorandum of lis pendens associated with a parcel of real estate creates a “cloud on title” to the property, which can have harsh consequences.

How to File a Property Lien in North Carolina. The North Carolina county where the judgment is entered automatically establishes a lien on the debtor's property within that county. If the debtor owns property outside the county, the creditor must file it with the county clerk where the property is situated.

The manner of such enforcement shall be as provided by G.S. 44A-7 through 44A-16. The claim of lien on real property is perfected as of the time set forth in G.S. 44A-10 upon filing of the claim of lien on real property pursuant to G.S. 44A-12.

How to File a Property Lien in North Carolina. The North Carolina county where the judgment is entered automatically establishes a lien on the debtor's property within that county. If the debtor owns property outside the county, the creditor must file it with the county clerk where the property is situated.

North Carolina Civil Statute of Limitations Laws: At a Glance Injury to personThree years (N.C.G.S. § 1-52(16)) Collection of rent Three years (N.C.G.S. § 1-52) Libel/slander One year (N.C.G.S. § 1-54(3)) Fraud Three years (N.C.G.S. § 1-52(9)) Injury to personal property Three years (N.C.G.S. § 1-52(4))5 more rows

Special Proceedings involve cases such as foreclosures, motor vehicle liens, name changes, adoptions, partitions of real property, incompetency and guardianship proceedings.

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Form Lis Pendens For Personal Property In North Carolina