Legal Question in Real Estate Law in North Carolina

I bought a townhouse in 2009. A contractor is suing the builder. I received a civil summons today about this issue. They are saying they are putting a lien on my property. I would like to know what I do, considering this says I have to respond in 30 days. I have contacted the builder, and this was their response:

From: Susan Burcham [mailto:[email protected]]

Sent: Wednesday, December 22, 2010 1:33 PM

To: 'Karen Tichy'

Subject: RE: SECOND REQUEST: PLEASE ADVISE: Claim of Lien on Real Property

Sorry I have not contacted you sooner, I was waiting to hear back from the developer regarding the status of this lien. However, I believe he is on vacation.

This is a standard process for legally dealing with issues between the builder and a contractor, but it should not affect you as a homeowner. This is between the developer and McAdams. The developer will be setting aside money with the courts until the issues between both parties are settled.

Susan Burcham

Community Association Manager

CAS Inc.

1930 N Salem St., Suite 101

Apex, NC 27523

919-367-7711

919-367-7715 (Fax)


Asked on 2/04/11, 5:54 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

While you may have no legal liability - not answering a summons can be a dangerous thing as it would allow the contractor to get a default judgment against you even if you have valid defenses. I would not ignore it. What you need to do is to immediately contact the title insurance company and send them a copy of the complaint - typically you would be covered in this type of scenario and they would act on your behalf (and if not, you should contact a private attorney immediately). You can also contact the closing attorney if you need further information. You should have paid for a title insurance policy at closing.

From a legal standpoint, a lien cannot be filed more than 120 days after the date work was last completed.

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Answered on 2/08/11, 6:27 pm


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