North Carolina General Statutes 1-120.2. Filing of notice by cities and counties in certain cases
Terms Used In North Carolina General Statutes 1-120.2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
The governing body of a city or county may, by ordinance under Article 11 of Chapter 160D of the N.C. Gen. Stat. relating to building inspection, or Article 12 of Chapter 160D of the N.C. Gen. Stat. relating to minimum housing standards, provide that upon the issuance of a complaint and notice of hearing or order pursuant to it, a notice of lis pendens, with a copy of the complaint and notice of hearing or order attached to it, may be filed in the office of the clerk of superior court of the county where the property is located. When a notice of lis pendens and a copy of the complaint and notice of hearing or order is filed with the clerk of superior court, it shall be indexed and cross-indexed in accordance with the indexing procedures of N.C. Gen. Stat. § 1-117 From the date and time of indexing, the complaint and notice of hearing or order is binding upon the successors and assigns of the owners of and parties in interest in the building or dwelling. A copy of the notice of lis pendens shall be served upon the owners and parties in interest in the building or dwelling at the time of filing in accordance with N.C. Gen. Stat. § 160D-1121 and N.C. Gen. Stat. § 160D-1206 The notice of lis pendens remains in full force and effect until cancelled. The ordinance may authorize the cancellation of the notice of lis pendens under certain circumstances. Upon receipt of notice from the city, the clerk of superior court shall cancel the notice of lis pendens. (1995, c. 158, s. 1; 2021-88, s. 1(a).)