44A-11. Perfecting claim of lien on real property.
(a) Perfection. - A claim of lien on real property granted by this Article shall be perfected as of the time provided in G.S. 44A-10 upon the occurrence of all of the following:
(1) Service of a copy of the claim of lien on real property upon the record owner of the real property claimed to be subject to the claim of lien and, if the claim of lien on real property is being asserted pursuant to G.S. 44A-23, also upon the contractor through which subrogation is being asserted.
(2) Filing of the claim of lien on real property under G.S. 44A-12.
(b) Method of Service. - Service of the claim of lien on real property pursuant to subsection (a) of this section shall not require proof of actual receipt by the listed recipient and shall be complete upon the occurrence of any of the following:
(1) Personal delivery of a copy of the claim of lien on real property upon the recipient.
(2) Deposit of a copy of the claim of lien on real property in a postpaid, properly addressed wrapper in either of the following:
a. A post office or official depository under the exclusive care and custody of the United States Postal Service.
b. An authorized depository under the exclusive care and custody of a designated delivery service authorized pursuant to 26 U.S.C. 7502(f)(2).
(c) Service Address. - For purposes of this section, a wrapper addressed to a party required to be served under subdivision (1) of subsection (a) of this section shall be conclusively deemed properly addressed if it uses any of the following addresses:
(1) The address for the party to be served listed on the permit issued for the improvement.
(2) The address for the party to be served listed with the tax rolls for any county in North Carolina.
(3) The address of the registered agent for the party to be served listed with the North Carolina Secretary of State's office. (1969, c. 1112, s. 1; 2005-229, s. 1; 2012-175, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 44A - Statutory Liens and Charges
Article 2 - Statutory Liens on Real Property.
§ 44A-9 - Extent of claim of lien on real property.
§ 44A-10 - Effective date of claim of lien on real property.
§ 44A-11 - Perfecting claim of lien on real property.
§ 44A-11.1 - Lien agent; designation and duties.
§ 44A-11.2 - Identification of lien agent; notice to lien agent; effect of notice.
§ 44A-12 - Filing claim of lien on real property.
§ 44A-12.1 - No docketing of lien unless authorized by statute.
§ 44A-13 - Action to enforce claim of lien on real property.
§ 44A-15 - Attachment available to lien claimant.
§ 44A-16 - Discharge of record claim of lien on real property.
§ 44A-18 - Grant of lien upon funds; subrogation; perfection.
§ 44A-19 - Notice of claim of lien upon funds.
§ 44A-20 - Duties and liability of obligor.
§ 44A-22 - Priority of liens upon funds.
§ 44A-24.3 - Commercial real estate lien.
§ 44A-24.4 - When lien attaches to commercial real estate.
§ 44A-24.5 - Lien notice; content.
§ 44A-24.6 - When lien claim release or satisfaction to be filed.
§ 44A-24.7 - Lien claimant to mail copy of notice of lien to owner by certified mail.
§ 44A-24.9 - Complaint; content; parties' foreclosure action; procedure.
§ 44A-24.11 - Satisfaction or release of lien.
§ 44A-24.12 - Cost of proceeding to be paid by nonprevailing party.