Amends GS 44A-11.1 (Lien agent; designation and duties). Provides that attorneys who contact a lien agent in writing and request copies of the notices to lien agent and cancellations of notice to lien agent received by the lien agent by the specified time frame have fulfilled the attorney's professional obligation as a closing attorney to check such notices and cancellations.
Amends GS 44A-11.2 (Identification of lien agent; notice to lien agent; effect of notice). Authorizes a potential lien claimant who has been paid an amount satisfactory to resolve the notice to lien agent previously filed to file a Cancellation of Notice to Lien Agent with the designated lien agent within 15 days of receipt of payment utilizing an Internet Web site, as specified. Authorizes a potential lien claimant to file a Cancellation of Notice to Lien Agent with the designated lien agent for any reason at any time. Lists required information for a Cancellation of Notice to Lien Agent. Provides that a Cancellation of Notice to Lien Agent received by the lien agent from a potential lien claimant cancels and discharges the Notice to Lien Agent and corresponding protections as to the subject matter of the Notice. Provides that later Notices do not relate back to the original Notice. Provides that Notices to Lien Agents are discharged five years from the date of filing if not cancelled or renewed pursuant to this statute.
Amends GS 58-26-45 to raise the fee for services rendered pursuant to each designation as a lien agent for improvements to one- or two- family dwellings from $25 to $30, and for services rendered pursuant to each designation as a lien agent for all other improvements to real property from $50 to $58. Makes conforming changes.
Effective January 1, 2018.
Bill S 602 (2017-2018)Summary date: Apr 4 2017 - View summary