§ 44A-12. Filing claim of lien on real property.
§ 44A‑12. Filing claimof lien on real property.
(a) Place of Filing. All claims of lien on real property must be filed in the office of the clerk ofsuperior court in each county where the real property subject to the claim oflien on real property is located. The clerk of superior court shall note theclaim of lien on real property on the judgment docket and index the same underthe name of the record owner of the real property at the time the claim of lienon real property is filed. An additional copy of the claim of lien on realproperty may also be filed with any receiver, referee in bankruptcy or assigneefor benefit of creditors who obtains legal authority over the real property.
(b) Time of Filing. Claims of lien on real property may be filed at any time after the maturity ofthe obligation secured thereby but not later than 120 days after the lastfurnishing of labor or materials at the site of the improvement by the personclaiming the lien.
(c) Contents of Claimof Lien on Real Property to Be Filed. All claims of lien on real propertymust be filed using a form substantially as follows:
CLAIM OF LIEN ON REAL PROPERTY
(1) Name and address ofthe person claiming the claim of lien on real property:
(2) Name and address ofthe record owner of the real property claimed to be subject to the claim oflien on real property at the time the claim of lien on real property is filed:
(3) Description of thereal property upon which the claim of lien on real property is claimed: (Streetaddress, tax lot and block number, reference to recorded instrument, or anyother description of real property is sufficient, whether or not it isspecific, if it reasonably identifies what is described.)
(4) Name and address ofthe person with whom the claimant contracted for the furnishing of labor ormaterials:
(5) Date upon whichlabor or materials were first furnished upon said property by the claimant:
(5a) Date upon which laboror materials were last furnished upon said property by the claimant:
(6) General descriptionof the labor performed or materials furnished and the amount claimed therefor:
__________________________
Lien Claimant
Filedthis ____ day of ____, ____
_________________________________________________________
Clerk of Superior Court
A general description of thelabor performed or materials furnished is sufficient. It is not necessary forlien claimant to file an itemized list of materials or a detailed statement oflabor performed.
(d) No Amendment ofClaim of Lien on Real Property. A claim of lien on real property may not beamended. A claim of lien on real property may be cancelled by a claimant or theclaimant's authorized agent or attorney and a new claim of lien on realproperty substituted therefor within the time herein provided for original filing.
(e) Notice ofAssignment of Claim of Lien on Real Property. When a claim of lien on realproperty has been filed, it may be assigned of record by the lien claimant in awriting filed with the clerk of superior court who shall note the assignment inthe margin of the judgment docket containing the claim of lien on realproperty. Thereafter the assignee becomes the lien claimant of record.
(f) Waiver of Right toFile, Serve, or Claim Liens as Consideration for Contract Against PublicPolicy. An agreement to waive the right to file a claim of lien on realproperty granted under this Part, or an agreement to waive the right to serve anotice of claim of lien upon funds granted under Part 2 of this Article, whichagreement is in anticipation of and in consideration for the awarding of anycontract, either expressed or implied, for the making of an improvement uponreal property under this Article is against public policy and is unenforceable.This section does not prohibit subordination or release of a lien granted underthis Part or Part 2 of this Article. (1969, c. 1112, s. 1; 1977, c. 369; 1983, c. 888; 1999‑456,s. 59; 2005‑229, s. 1.)