State Codes and Statutes
Statutes > North-carolina > Chapter_44A > GS_44A-13§ 44A‑13. Action toenforce claim of lien on real property.
(a) Where and WhenAction Commenced. An action to enforce a claim of lien on real property maybe commenced in any county where venue is otherwise proper. No such action maybe commenced later than 180 days after the last furnishing of labor ormaterials at the site of the improvement by the person claiming the claim oflien on real property. If the title to the real property against which theclaim of lien on real property is asserted is by law vested in a receiver or issubject to the control of the bankruptcy court, the claim of lien on realproperty shall be enforced in accordance with the orders of the court havingjurisdiction over said real property. The filing of a proof of claim with a receiveror in bankruptcy and the filing of a notice of lis pendens in each county wherethe real property subject to the claim of lien on real property is locatedwithin the time required by this section satisfies the requirement for thecommencement of a civil action.
(b) Judgment. Ajudgment enforcing a lien under this Article may be entered for the principalamount shown to be due, not exceeding the principal amount stated in the claimof lien enforced thereby. The judgment shall direct a sale of the real propertysubject to the lien thereby enforced.
(c) Notice of Action. In order for the sale under G.S. 44A‑14(a) to pass all title and interestof 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 siteof the improvement by the person claiming the claim of lien on real property, anotice of lis pendens shall be filed in each county in which the real propertysubject to the claim of lien on real property is located except the county inwhich the action is commenced. The notice of lis pendens shall be filed withinthe time provided in subsection (a) of this section for the commencement of theaction by the lien claimant. If neither an action nor a notice of lis pendensis filed in accordance with this section, the judgment entered in the actionenforcing the claim of lien on real property shall not direct a sale of thereal property subject to the claim of lien on real property enforced therebynor be entitled to any priority under the provisions of G.S. 44A‑14(a),but shall be entitled only to those priorities accorded by law to moneyjudgments. (1969,c. 1112, s. 1; 1977, c. 883; 2005‑229, s. 1.)
