We completed a trauma clean up for a client who had a deceased family member, but the property owner was unaware she was the owner (on the deed). The person the authorized the work is refusing to pay the bill because she did not authorize the work herself. I filed a lien, but the mailing address for the lien is not the mailing address of the client, and the lien wasn't properly delivered. Will the lien still be valid if it isn't delivered to the property owner?
I'm a bit unclear on the situation, but it seems like: 1) work was done on a property; 2) the work was authorized by somebody other than the owner; 3) the owner refuses to pay because she didn't authorize the work; and 4) there is some discrepance on the lien document with respect to the property owner's address - which resulted in the property owner not receiving the lien.
With that understadning, there are several things to look at. North Carolina has some tricky requirements for parties who contract with parties other than the property owner. However, it may be the case that in some situations the person authorizing the work could be the agent of the owner such that the party doing work counts as a direct contractor.
With respect to the lien itself, a lien on real property must be filed and served within 120 days from last furnishing labor or materials to the project. The lien must include the "Name and address of the record owner of the real property claimed to be subject to the claim of lien on real property at the time the claim of lien on real property is filed." Further, the lien must be served on "the record owner of the real property claimed to be subject to the claim of lien" either via personal delivery or through the mail. Actual receipt is not required if the lien is sent through the mail provided the address used was one of the following:
(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.
Both the filing and the service of the lien must be sccomplished in the 120 days from last furnishing. However, there is no specific language describing the order of the filing or service, or whether a lien can be served multiple times to diffrerent addresses if that information becomes available. Presumably, if the information on the lien is correct, it can be mailed to the woenr as many times as the claimant wants, at multiple addresses, as long as it occurs within the 120 day time period. Note, however, that there are many other specific requirements that must be met for a lien to be valid.
There are always timing and formal requirements in order for liens to be valid. There must have been proper work done in order to qualify for lien protection. To the extent a lien agent was identified, a notice to lien agent may have been required.
More information about North Carolina lien law and requirements can be found here: https://www.levelset.com/mechanics-lien/north-carolina-lien-law-faqs/
Can't get someone to sign what? If the question is with respect to confirmation of delivery of the lien document, actual receipt is not required. See below:
"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)."