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What can I do about a mechanics lien that was placed on my home by roofer who is now trying to foreclose.

Last day of project was March 30, 2019. The roofer's attorney filed a claim of lien on Jan. 9, 2020 which is well after the 180 day deadline (which was in Sept. 2019) which makes the lien invalid. What can I do? I am still battling with insurance company for remaining amount for roof. I am the only one on the contract and he is suing both my husband and myself. My husband is not on the contract at all but is on the deed to the home.

1 reply

Feb 7, 2020

In North Carolina, a lien claimant must file a mechanics lien within 120 days from the last day the claimant furnished labor or material to the property, and an action to enforce must then be initiated within 180 days from the claimants last furnishing of labor or materials, which could be as soon as 60 days after the filing of the lien. These requirements (and other requirements related to a foreclosure action) must be met in order for the claimant to have a valid and enforceable lien. If they are not, the property owner can have the lien discharged from the record. § 44-A16. Discharge of Record Claim of Lien on Real Property, sets forth causes for which a lien may be discharged and removed rom the property, including satisfaction of the lien claim, "failure to enforce the claim of lien on real property within the time prescribed," or by "filing in the office of the clerk of superior court the original or certified copy of a judgment or decree of a court of competent jurisdiction showing that the action by the claimant to enforce the claim of lien on real property has been dismissed or finally determined adversely to the claimant." So, a property owner could show the clerk of superior court that no enforcement action has been initiated within the appropriate time period, or the owner could defend against the lien claim in the enforcement action, and when victorious, provide the judgment in his/her favor to the clerk of court to have the lien discharged.

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