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Beware of poor search capabilities on LiensNC.com

NORTH CAROLINA law mandated that construction projects beginning on or after April 1, 2013 requires appointment of a lien agent. Contractors and subcontractors can then give notice they are working on the project.liensnc

Recently our TRADITION LIEN SERVICE division was asked by a national lighting supplier to record a NORTH CAROLINA Notice to Lien Agent for a new Charlotte, NC shopping center. To do this, you must register and logon at Recently TRADITION LIEN SERVICE was asked by a national lighting supplier to record a NORTH CAROLINA Notice to Lien Agent for a new Charlotte, NC shopping center. To do this, you must register and logon at www.LiensNC.com.

First, the address when typed into the “Search” option produced 26,972 results.liensncsearchaddress

OK, let’s try to get a little closer to the desired correct results by typing in the Property Owner, ASHTON PROPERTIES into the “Advanced Search”. This time there were 5,619 results. liensncsearchowner

Now it is time to contact the General Contractor on behalf of my customer to ask for the Entry Number. They told me is was 4301148. Upon entering 430148 I now got 2 results, with one of them being the correct result. The other result coincidentally was for the number matching someone else’s phone number.liensncsearchentry

Bottom line is that after three (3) plus years the State of NORTH CAROLINA has created a website that lacks basic critical search capabilities.

Recording a NORTH CAROLINA Claim Of Lien On Real Property in Mecklenburg County

Mecklenburg County is the most populated county in NORTH CAROLINA, and home to the city of Charlotte.

Recently a broad purpose Subcontractor from FLORIDA signed a contract with another FLORIDA based General Contractor for framing, siding and drywall services at a newly built appartment complex in Charlotte. Our customer in turn subcontracted much of the work out to local Mecklenburg County based companies. The business relationship between the General and the Subcontractor went sour. The General then thought they could do an end around and hire the sub-subs directly, even though everyone had signed a contract not to do so. The Subcontractor asked our TRADITION NOTICE SERVICES division to record a NORTH CAROLINA Claim Of Lien On Real Property on their behalf.

NORTH CAROLINA requires that a Claim Of Lien On Real Property be recorded in the county where the project is located with the Clerk Of Superior Court within one hundred twenty (120) days of last providing labor or materials for a project.

Additionally, you can record and send to the Owner a Notice Of Claim Of Lien Upon Funds By First, Second or Third Tier Subcontractor/Supplier. The Owner or party oweing the money for the project has an obligation to withhold payment to the General/Prime Contractor until the lien claimant’s payment is satisfied.

In Mecklenburg County, the Clerk Of Superior Court (Martha Curran) mandates that NORTH CAROLINA Claim Of Lien On Real Property must include the street address of the property. It is also helpful to include Parcel Number (PIN), Book/Page or as much identifying information as possible.

Checks must be payable to “CLERK OF SUPERIOR COURT”. They accept out-of-state business checks. Cost to record a exremenly low. $6.00 for the first page, $0.25 each additional page of 8-1/2″ x 11″ or 8-1/2″ x 14″ paper.

Turn around times for recording are extremely fast. Just 1-2 business days for recording, and 1-2 days after recordation the document(s) will be mailed back.

Be sure to send two (2) copies of the notice and a self-addressed stamped envelope. They will keep one copy & return the other one with attached recording information. Recorded Lien Information is not viewable on their website. Clerk’s Office does not send copies to the debtor/s.

Recording a North Carolina Claim Of Lien On Real Property in Carteret County

A national supplier of electrical light fixtures for high end banks and restaurants asked our TRADITION NOTICE SERVICES division recently to record a construction lien for them in NORTH CARLINA for Carteret County when they were not paid by an electrical subcontractor for a new chain restaurant in Morehead City, NC.

NORTH CAROLINA requires that a Claim Of Lien On Real Property be recorded in the county where the project is located with the Clerk Of Superior Court within one hundred twenty (120) days of last providing labor or materials for a project.

Additionally, you can record and send to the Owner a Notice Of Claim Of Lien Upon Funds By First, Second or Third Tier Subcontractor/Supplier. The Owner or party oweing the money for the project has an obligation to withhold payment to the General/Prime Contractor until the lien claimant’s payment is satisfied.

In Carteret County, the Clerk Of Superior Court Notice (Pamela Hanson) mandates that NORTH CAROLINA Claim Of Lien On Real Property must include the street address of the property. It is also helpful to include Parcel Number (PIN), Book/Page or as much identifying information as possible.

Checks must be payable to “CLERK OF SUPERIOR COURT”. They accept out-of-state business checks. Cost to record a exremenly low. $6.00 for the first page, $0.25 each additional page of 8-1/2″ x 11″ or 8-1/2″ x 14″ paper.

Turn around times for recording are extremely fast. Just 1-2 business days for recording, and 1-2 days after recordation the document(s) will be mailed back.

Be sure to send two (2) copies of the notice and a self-addressed stamped envelope. They will keep one copy & return the other one with attached recording information. Recorded Lien Information is not viewable on their website. Clerk’s Office does not send copies to the debtor/s.

NORTH CAROLINA Stop Notice and Lien combined for Subcontractors

A change was made today in PreLien2Lien for NORTH CAROLINA that affects Subcontractors. Since they should be delivered jointly, the Claim of Lien On Real Property (Subcontractor) that is recorded is now combined with a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/ Supplier (in essence, a Stop Notice of money from the funds source to the General Contractor.

Subcontractors (Private Projects): NORTH CAROLINA General Statutes §§ 44A-20(d), 44A-23 mandates that a Claim of Lien On Real Property (Subcontractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project.

Delivered jointly with a recorded Claim of Lien On Real Property (Subcontractor) is a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. NORTH CAROLINA General Statutes § 44A-19(b) mandates that it be sent to the property owner and any other legal parties on the project (General/Prime Contractor, Lender, Customer. It does not need to be filed with the Clerk of the Superior Court in the county where the project is located. There is no time limit to enforce through a lawsuit a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. The Owner or party owning the money for the project has an obligation to withhold payment to the General/Prime Contractor until the Lien Claimant’s payment is satisfied.

NORTH CAROLINA gets new notices, custom template technology (CTT)

I have had the pleasure of playing some beautiful golf courses in the US. One I enjoyed immensely that won’t make any Top 100 lists but is a high quality course nonetheless is the Duke Golf Club, on the campus of DUKE UNIVERSITY in Durham, NC. My visits to Charlotte, Raleigh and the pine forrested mountain areas motivates me to return and see more of the state.

Twenty-six (26) NORTH CAROLINA templates were updated by myself recently for PreLien2Lien. The mandatory 1st notices begin with a General/Prime Contractor filing a Notice Of Contract. NORTH CAROLINA General Statutes § 44A-23 mandate that a Prime/General Contractor can file a Notice of Contract to protect themselves from liens filed by second and third tier subcontractors. To protect their lien rights, Subcontractors needs to file a Notice of Subcontract when the Prime/General Contractor files a Notice of Contract, according to NORTH CAROLINA General Statutes § 44A-23.

NORTH CAROLINA General Statutes § 44A-7 mandates that a Claim of Lien On Real Property (Contractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project.

General/Prime/Contractors (Private Projects): NORTH CAROLINA General Statutes § 44A-7 mandates that a Claim of Lien On Real Property (Contractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project.

Subcontractors (Private Projects): NORTH CAROLINA General Statutes §§ 44A-20(d), 44A-23 mandates that a Claim of Lien On Real Property (Subcontractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project. Delivered jointly with a recorded Claim of Lien On Real Property (Subcontractor) is a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. NORTH CAROLINA General Statutes § 44A-19(b) mandates that it be sent to the property owner and any other legal parties on the project (General/Prime Contractor, Lender, Customer. It does not need to be filed with the Clerk of the Superior Court in the county where the project is located. There is no time limit to enforce through a lawsuit a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. The Owner or party owning the money for the project has an obligation to withhold payment to the General/Prime Contractor until the Lien Claimant’s payment is satisfied.

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