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Issue  179  Article  309
Published:  6/1/2010

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NCLTA Lien Waiver Forms Revised May 2010
Chris Burti, Vice President and Senior Legal Counsel

The North Carolina Land Title Association has recently adopted revisions to the new lien forms first introduced in 2009. The revised forms are currently effective and should be used exclusively in transactions going forward. The revisions are primarily technical corrections and while the existing forms will be acceptable during a reasonable transition period, their use should be discontinued. The newly revised forms can be found in the forms menu on our www.statewidetitle.com website as well as in the Statewide Title lien form generator. A brief explanation follows and any further questions can be addressed by our underwriting counsel.

Form 1

The title was revised to incorporate the changes - No Recent Improvements and No Executory Contractors for Improvements. This was done to make it clear that future work to be done under preexisting contracts outside of the 120 period are included. And example would be grading and paving work done in subdivisions in phases.

The certification in Paragraph 1 is revised to include language that there are no Executory Contracts that could relate back.

There is an additional paragraph in the Instructions with respect to these Executory Contracts

Form 2

Basic waiver of lien language has been added to the signature pages to clarify that they are part of the document.

Additional "other" signature blocks have been added. Waiver of lien language also added to the supplemental page to tie it to the document.

The incorrect reference to Ch. 83 has been corrected to indicate Ch. 87 in the Instructions.

Form 3

Expanded the spacing of "Lender Coverage Only" at top of form in effort to make more visible. Also included slight revisions to the Instructions to set out the lack of coverage for the Owner.

Basic subordination of lien language added to signature pages to clarify that they are part of the document.

Additional "other" signature blocks have been added. Subordination of lien language also added to the supplemental page to tie it the document.

The incorrect reference to Ch. 83 has been corrected to indicate Ch. 87 in the Instructions.


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