Avery County Claim of Lien Against Construction Funds Form (North Carolina)

All Avery County specific forms and documents listed below are included in your immediate download package:

Claim of Lien Against Construction Funds Form

Avery County Claim of Lien Against Construction Funds Form

Fill in the blank Claim of Lien Against Construction Funds form formatted to comply with all North Carolina recording and content requirements.
Included Avery County compliant document last validated/updated 10/11/2024

Claim of Lien Against Construction Funds Guide

Avery County Claim of Lien Against Construction Funds Guide

Line by line guide explaining every blank on the form.
Included Avery County compliant document last validated/updated 10/4/2024

Completed Example of the Claim of Lien Against Construction Funds Document

Avery County Completed Example of the Claim of Lien Against Construction Funds Document

Example of a properly completed form for reference.
Included Avery County compliant document last validated/updated 7/23/2024

The following North Carolina and Avery County supplemental forms are included as a courtesy with your order:

When using these Claim of Lien Against Construction Funds forms, the subject real estate must be physically located in Avery County. The executed documents should then be recorded in the following office:

Avery County Register of Deeds

200 Montezuma St / PO Box 87, Newland, North Carolina 28657

Hours: 8:00 to 4:30 Monday through Friday / Recording until 4:15

Phone: (828) 733-8260

Local jurisdictions located in Avery County include:

  • Banner Elk
  • Crossnore
  • Elk Park
  • Linville
  • Minneapolis
  • Montezuma
  • Newland
  • Pineola
  • Plumtree

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Avery County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Avery County using our eRecording service.
Are these forms guaranteed to be recordable in Avery County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Avery County including margin requirements, content requirements, font and font size requirements.

Can the Claim of Lien Against Construction Funds forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Avery County that you need to transfer you would only need to order our forms once for all of your properties in Avery County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Carolina or Avery County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Avery County Claim of Lien Against Construction Funds forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Claiming a Lien Against Construction Funds in North Carolina

In addition to claiming a lien against a real property, contractors can also lien on construction funds regardless of tier. Therefore, a subcontractor has lien rights against any funds that are owed to the party that hired the subcontractor. A lien can be claimed to the extent money is owed to the party occupying the position in the chain above the subcontractor. N.C.G.S. 44A-18.

The subcontractor's right to a lien becomes ripe as soon as labor or materials are first furnished on the job and relates back to the date the contractor or supplier first furnished labor, services, or materials on the project.

The notice of a claim of lien upon funds must set forth all of the following information: (1) the name and address of the person claiming the lien upon funds; (2) a general description of the real property improved; (3) the name and address of the person with whom the lien claimant contracted to improve real property; (4) the name and address of each person against or through whom subrogation rights are claimed; (5) a general description of the contract and the person against whose interest the lien upon funds is claimed; and (6) the amount of the lien upon funds claimed by the lien claimant under the contract. N.C.G.S. 44A-19(a).

The notice must also be served on the obligor (debtor) by personal delivery or in any manner authorized by Rule 4 of the North Carolina Rules of Civil Procedure. N.C.G.S. 44A-19(d). A copy of the notice of claim of lien upon funds shall be attached to any claim of lien on real property filed pursuant to G.S. 44A-20(d). Id.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. Please contact an attorney with questions about claiming a lien on funds, or any other issues related to liens in North Carolina.

Our Promise

The documents you receive here will meet, or exceed, the Avery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Avery County Claim of Lien Against Construction Funds form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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