§ 44A-16. Discharge of record claim of lien on real property. - North Carolina Statutes

§ 44A‑16.  Discharge ofrecord claim of lien on real property.

Any claim of lien on realproperty filed under this Article may be discharged by any of the followingmethods:

(1)        The lien claimant ofrecord, the claimant's agent or attorney, in the presence of the clerk ofsuperior court may acknowledge the satisfaction of the claim of lien on realproperty indebtedness, whereupon the clerk of superior court shall forthwithmake upon the record of such claim of lien on real property an entry of suchacknowledgment of satisfaction, which shall be signed by the lien claimant ofrecord, the claimant's agent or attorney, and witnessed by the clerk ofsuperior court.

(2)        The owner mayexhibit an instrument of satisfaction signed and acknowledged by the lienclaimant of record which instrument states that the claim of lien on realproperty indebtedness has been paid or satisfied, whereupon the clerk ofsuperior court shall cancel the claim of lien on real property by entry ofsatisfaction on the record of such claim of lien on real property.

(3)        By failure toenforce the claim of lien on real property within the time prescribed in thisArticle.

(4)        By filing in theoffice of the clerk of superior court the original or certified copy of ajudgment or decree of a court of competent jurisdiction showing that the actionby the claimant to enforce the claim of lien on real property has beendismissed or finally determined adversely to the claimant.

(5)        Whenever a sum equalto the amount of the claim or claims of lien on real property claimed isdeposited with the clerk of court, to be applied to the payment finallydetermined to be due, whereupon the clerk of superior court shall cancel theclaim or claims of lien on real property or claims of lien on real property ofrecord.

(6)        Whenever a corporatesurety bond, in a sum equal to one and one‑fourth times the amount of theclaim or claims of lien on real property claimed and conditioned upon thepayment of the amount finally determined to be due in satisfaction of saidclaim or claims of lien on real property, is deposited with the clerk of court,whereupon the clerk of superior court shall cancel the claim or claims of lienon real property of record. (1969, c. 1112, s. 1; 1971, c. 766; 2005‑229, s.1.)