Claim of Lien on Real Property - North Carolina
CLAIM OF LIEN ON REAL PROPERTY
NORTH CAROLINA — ATTORNEY-REVIEW DRAFT
Do not file an incomplete draft. Counsel must complete the route and deadline record, confirm the current statutory form, and remove all unused instructions before filing.
1. Claim Route and Deadline Record
| Issue | Verified entry | Source / reviewer |
|---|---|---|
| Claimant legal name and entity status | [________________] | [________________] |
| Claimant address | [________________] | [________________] |
| Contracting party | [________________] | [________________] |
| Direct-owner claim under § 44A-8? | ☐ Yes ☐ No | [________________] |
| Claim asserted through a contractor under § 44A-23? | ☐ Yes ☐ No | [________________] |
| Record owner at filing | [________________] | [________________] |
| Contractor through whom subrogation is asserted, if applicable | [________________] | [________________] |
| Obligation maturity date | [__/__/____] | [________________] |
| Claimant's first furnishing at the site | [__/__/____] | [________________] |
| Claimant's last furnishing at the site | [__/__/____] | [________________] |
| Counsel-calculated last filing date | [__/__/____] | § 44A-12 / [________________] |
| Enforcement-calendar date | [__/__/____] | § 44A-13 / [________________] |
| Public-project or payment-bond route excluded? | ☐ Yes ☐ No | [________________] |
| Bankruptcy, receivership, sale, or title issue | [________________] | [________________] |
Section 44A-12 permits filing after the secured obligation matures but no later than 120 days after the claimant's last furnishing at the site. Section 44A-13 separately measures the outside enforcement period from that last-furnishing date. Do not treat recording as completing the enforcement calendar.
2. Property, County, and Lien-Agent Record
| Issue | Verified entry |
|---|---|
| Project name | [________________] |
| Street address | [________________] |
| Tax parcel / lot and block | [________________] |
| Recorded-instrument reference | [________________] |
| Other identifying description | [________________] |
| Full legal description attached? | ☐ Yes ☐ No |
| Every county containing the property | [________________] |
| Clerk of superior court filing office for each county | [________________] |
| Improvement cost and valuation source | $[________________] / [________________] |
| Existing owner-occupied single-family dwelling exception reviewed? | ☐ Yes ☐ No ☐ Not applicable |
| Current lien-agent designation required? | ☐ Yes ☐ No |
| Lien agent and project number | [________________] |
| Claimant's notice-to-lien-agent record | [________________] |
| Renewal or cancellation record | [________________] |
Section 44A-12(a) requires filing with the clerk of superior court in each county where the affected real property is located. Section 44A-11.1 contains the current lien-agent threshold and exceptions; this claim form does not replace any required notice to a lien agent.
3. Service Record
Section 44A-11 requires both service and filing. Complete service on the record owner and, for a claim asserted through a contractor under § 44A-23, on that contractor.
| Recipient | Capacity | Address and address source | Method | Deposit / delivery date | Evidence retained |
|---|---|---|---|---|---|
| [________________] | Record owner | [________________] | ☐ Personal delivery ☐ U.S. mail ☐ Designated delivery service | [__/__/____] | [________________] |
| [________________] | § 44A-23 contractor | [________________] | ☐ Personal delivery ☐ U.S. mail ☐ Designated delivery service | [__/__/____] | [________________] |
| [________________] | Other, if counsel directs | [________________] | [________________] | [__/__/____] | [________________] |
For the statutory safe address record, counsel should check the improvement permit, county tax rolls, and Secretary of State registered-agent listing described in § 44A-11(c). Do not certify service until the required parties were served by a method allowed in the current section.
4. Statutory Claim Draft
CLAIM OF LIEN ON REAL PROPERTY
(1) Name and address of the person claiming the claim of lien on real property:
[CLAIMANT LEGAL NAME]
[CLAIMANT ADDRESS]
(2) Name and address of the record owner at the time this claim is filed and, if this claim is asserted pursuant to G.S. 44A-23, the name of the contractor through which subrogation is asserted:
Record owner: [RECORD OWNER NAME AND ADDRESS]
Contractor through whom subrogation is asserted, if applicable: [CONTRACTOR NAME AND ADDRESS / NOT APPLICABLE]
(3) Description of the real property upon which the claim of lien on real property is claimed:
Street address: [PROPERTY ADDRESS]
Tax parcel / lot and block: [________________]
Recorded-instrument reference: [________________]
Other description: [________________]
☐ Exhibit A legal description is attached.
(4) Name and address of the person with whom the claimant contracted for the furnishing of labor or materials:
[CONTRACTING PARTY NAME AND ADDRESS]
(5) Date upon which labor or materials were first furnished upon the property by the claimant:
[__/__/____]
(5a) Date upon which labor or materials were last furnished upon the property by the claimant:
[__/__/____]
(6) General description of the labor performed or materials furnished and the amount claimed:
General description: [____________________________________________________________]
Amount claimed: $[________________]
I hereby certify that I have served the parties listed in item (2) above in accordance with the requirements of G.S. 44A-11.
Lien Claimant: ______________________________________
Printed name: [________________]
Capacity, if signing for an entity: [________________]
Date signed: [__/__/____]
Clerk Filing Record
Filed this [____] day of [________________], [________].
Clerk of Superior Court: ______________________________________
County: [________________], North Carolina
File / judgment-docket reference: [________________]
5. Filing and Post-Filing Control
☐ The claim uses the current § 44A-12(c) form and all required fields are complete.
☐ The property description reasonably identifies the affected real property.
☐ A separate original or accepted filing copy is ready for every property county.
☐ Required service occurred and the certification is accurate.
☐ Filing receipts, service evidence, and conformed copies are retained.
☐ The enforcement deadline and any required action or lis-pendens steps are calendared from current law.
☐ Any bankruptcy, receivership, discharge-bond, cancellation, substitution, assignment, or title event was routed to counsel.
Section 44A-12 says a general description of labor or materials is sufficient and does not require an itemized materials list or detailed labor statement. It also bars amendment of a filed claim; cancellation and substitution are available only within the original filing time stated in that section.
About this template
- Last updated
- August 21, 2026
- Citations checked
- August 21, 2026
- Jurisdiction
- North Carolina
- Category
- Real Estate
Legal authority
- N.C. Gen. Stat. § 44A-8
- N.C. Gen. Stat. § 44A-11
- N.C. Gen. Stat. § 44A-11.1
- N.C. Gen. Stat. § 44A-12
- N.C. Gen. Stat. § 44A-13
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on August 21, 2026.
N.C. Gen. Stat. § 44A-8 (checked August 21, 2026): "Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a right to file a claim of lien on real property."
N.C. Gen. Stat. § 44A-11 (checked August 21, 2026): "A claim of lien on real property granted by this Article shall be perfected as of the time provided in G.S. 44A-10 upon the occurrence of all of the following: (1) Service of a copy of the claim of lien on real property upon the record owner of the real property claimed to be subject to the claim of lien and, if the claim of lien on real property is being asserted pursuant to G.S. 44A-23, also upon the contractor through which subrogation is being asserted. (2) Filing of the claim of lien on real property under G.S. 44A-12."
N.C. Gen. Stat. § 44A-11.1 (checked August 21, 2026): "With regard to any improvements to real property to which this Article is applicable for which the costs of the undertaking are forty thousand dollars ($40,000) or more, either at the time that the original building permit is issued or, in cases in which no building permit is required, at the time the contract for the improvements is entered into with the owner, the owner shall designate a lien agent no later than the time the owner first contracts with any person to improve the real property."
N.C. Gen. Stat. § 44A-12 (checked August 21, 2026): "Claims of lien on real property may be filed at any time after the maturity of the obligation secured thereby but not later than 120 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien."
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