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who's allowed to send a lien

North CarolinaForeclosureSlow Payment

I am a property owner and have a mobile home belonging to my Daughter on it. Her and her family have been there for a year with the assumption that they were to pay monthly payments to pay for the land and expences for moving it. I have tried everything to resolve the matter to no end. Do you have any suggestions

1 reply

Feb 12, 2020
The parties allowed to file a lien, and/or a foreclosure lawsuit to enforce a lien can depend on many different circumstances. Generally, in North Carolina, a mechanics lien can be filed by "any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract . . . with the owner of real property for the making of an improvement thereon." Parties who don't contract with the property owner (or tenant) can also file mechanics liens, but the procedure can be a bit more tricky. It's important to note that certain timing requirements apply to filing mechanics lien, and nobody is allowed to file a mechanics lien more than 120 days after the date they last furnished labor or materials to the construction project. It's also generally true that a mechanics lien is only applicable to "real property" and the permanent improvement to it. What that means is that in the case of a mobile home, if it is still "moveable" and has a title instead of a deed a mechanics lien may not apply. Other types of liens or encumbrances may apply, as well, however. There are judgment liens for court judgments, tax liens for property, income, or other taxes, UCC-financing statement for loans, etc. That being said, a property owner is generally not the party claiming a lien  they are generally the party defending against a lien claim. It may be possible to get a court judgment and file a judgment lien against other property of the debtors, or it may be required that some other action (like an eviction) might be necessary.
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