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
A person may ask a court in North Carolina to remove a judgment lien, mainly if there is a reason to believe that the lien is invalid. For example, if a debtor believes that the creditor obtained the lien through fraud, coercion, or other illegal methods, it is possible to file a motion in court to remove the lien.
After a Lis Pendens is filed, it becomes part of the public record, warning anyone interested in the property that it is involved in a legal dispute. The property owner may challenge the Lis Pendens in court, seeking to have it removed if it was improperly filed.
Upon the issuance of a complaint and notice of hearing or order pursuant thereto, a notice of lis pendens, with a copy of the complaint and notice of hearing or order attached thereto, may be filed by the inspector in the office of the clerk of superior court for the county, as provided in G.S. 1-120.2.
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 Remove a Lis Pendens Notice in Texas Ask the court to remove the notice (e.g. Motion to Expunge). Notify all affected parties at least 20 days before the court hearing. Provide evidence with their request to remove the notice.
The new North Carolina law passed will require the use of a DHSMV- approved ELT (Electronic Lien & Title) vendor to release your liens and/or request printed titles.
If someone has filed a Lis Pendens notice (which alerts others that there is a pending lawsuit involving a property), any party involved in the lawsuit can: Ask the court to remove the notice (e.g. Motion to Expunge). Notify all affected parties at least 20 days before the court hearing.