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Continuing with LiensNC

By: W. Paul Lewis, Title Counsel, Pinehurst and Wilmington

It has been four years since the creation of LiensNC. While its benefits have saved builders, homeowners, title companies and suppliers much money and grief, its real testament cannot be made until our state experiences another recession or economic downturn where builders or others face cash crunches causing delays or avoidance of payments to suppliers and subcontractors. Although LiensNC has been a benefit to everyone involved in the home buying and construction loan process, there are still several pitfalls concerning ones interaction with, and interpretation of, LiensNC. .

One issue with ones interaction with LiensNC is the appointment of the lien agent.  While it is the owner's responsibility to make this appointment, contractors will normally file the appointment on the owner's behalf when the builder is not the owner.  This is a beneficial service to the owner, who may not have the experience or know how to file the appointment.  It is common for these appointments to not have all the required information.  Pre-permit worker’s lien rights are not affected by the appointment of the lien agent.  While this creates an urgency to list them on the appointment, many times these pre-permit workers are omitted from the appointment.  This is an inherent weakness in the LiensNC system, and one which title insurance underwriters are aware and accept.


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Attorneys Title has been providing title insurance services to North Carolina real property attorneys for over thirty years.  We are long-standing supporters of the approved-attorney system and have continually provided  the best customer service in the industry.  With offices located throughout North Carolina and one of the most experienced legal teams in the business today, we are well-equipped to continue that proud tradition.  

We are agents for First American, Commonwealth Land Title Insurance Company, and Chicago Title Insurance Company. We have chosen to work only with those underwriters who have proved to have the financial strength you and your clients need in this economic environment. We maintain a library of over one million prior polices from First American, Commonwealth, Fidelity and Chicago Title and we are easily your best source and choice for information. 

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