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How to get a lien removed

I have a friend who had a lien filed against his home. He claims the lien was filed more than 120 days after the last furnishing of labor or materials. The contractor filed a District Court case based on the lien. Does the property owner need to file a motion in the matter to have the lien removed as untimely, and therefore invalid?

1 reply

Mar 24, 2020

As you noted above, the deadline to file a North Carolina mechanics lien is 120 days after last furnishing labor or materials to the project. But, a mechanics lien won't automatically fall away when it's been filed beyond the lien deadline. Rather, in order for that issue to cause the lien claim to be considered invalid and unenforceable, the owner must typically challenge the lien claim on that basis. If a lien claimant has filed their lien enforcement action, then the owner (through their attorney) should generally file a motion if they want to dispute the validity of the lien. And, that motion should raise the issue of timeliness and ask the court to set the lien aside because it was filed beyond the deadline (along with any other alleged defects with the lien claim). If you're looking for a North Carolina attorney to help with your lien dispute, here are some North Carolina construction attorneys who may be able to help. Finally, this resource might still provide some value, even if the lien claimant has filed suit to enforce their lien claim: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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