§ 44A-12.1. No docketing of lien unless authorized by statute. - North Carolina Statutes

§ 44A‑12.1.  Nodocketing of lien unless authorized by statute.

(a)        The clerk ofsuperior court shall not index, docket, or record a claim of lien on realproperty or other document purporting to claim or assert a lien on realproperty in such a way as to affect the title to any real property unless thedocument:

(1)        Is offered forfiling under this Article or another statute that provides for indexing anddocketing of claims of lien on real property; and

(2)        Appears on its faceto contain all of the information required by the statute under which it isoffered for filing.

(b)        The clerk mayaccept, for filing only, any document that does not meet the criteriaestablished for indexing, docketing, or recording under subsection (a) of thissection. If the clerk does accept this document, the clerk shall inform theperson offering the document that it will not be indexed, docketed, or recordedin any way as to affect the title to any real property.

(c)        Any person whocauses or attempts to cause a claim of lien on real property or other documentto be filed, knowing that the filing is not authorized by statute, or with theintent that the filing is made for an improper purpose such as to hinder,harass, or otherwise wrongfully interfere with any person, shall be guilty of aClass 1 misdemeanor.

(d)        A claim of lien onreal property, a claim of lien on real property with a notice of claim of lienupon funds attached thereto, or other document purporting to claim or assert alien on real property that is filed by an attorney licensed in the State ofNorth Carolina and that otherwise complies with subsection (a) of this sectionshall not be rejected by the clerk of superior court for indexing, docketing,recording, or filing. (2001‑495, s. 1; 2005‑229, s. 1.)