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Warehouse lien.

North CarolinaMechanics Lien

Is a warehouse lien the same as a mechanics lien in NC? Is the process for filing a warehouse lien the same?

1 reply

Mar 16, 2020
The short answer is "No." Mechanics liens and a lien of warehouse are different liens, and the process for each are also different. Mechanics liens, and their rules and requirements, are governed by North Carolina’s Construction Lien Law, § 44A:-7 et. seq. The perfection of a mechanics lien requires strict adherence to specific document and filing requirements, including filing the lien claim itself "in the office of the clerk of superior court in each county where the real property subject to the claim of lien on real property is located." A step-by-step guide to filing a North Carolina mechanics lien can be found here. Warehouse liens, on the other hand, are set froth by NC Gen Stat § 25-7-209, et seq. A lien of warehouse is a "possessory lien" which means that in order to retain a lien on the goods deposited at the warehouse, the warehouse must retain possession of the actual goods; "A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver." A warehouse lien may be enforced through a sale of the deposited goods, provided proper notice of the sale is provided. These requirements are set out by NC Gen Stat § 25-7-210.
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