The Statewide Title Newsletter and Legal Memorandum

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Issue  18  Article  39
Published:  1/1/1997

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Miscellaneous - Two New Mechanics’ Liens
Ed Urban, Vice President and Corporate Counsel

In Paving Equipment of the Carolinas v. Waters, 122 N.C. App. 502 (1996), the court held that attorney’s fees and costs could not be included in a mechanics’ lien enforcement judgment under G.S. 44A-13(b).

In Marble Bank v. Commonwealth Land Title Ins. Co., 914 F. Supp. 1252 (E.D.N.C. 1996), the court held against the insured because the real property value was less than the amounts of the first and second deeds of trust which were ahead of the insured’s third lien $2,000,000.00 deed of trust, insured as a third lien. The claim was for $3,500,000.00 in liens having priority over the insured third lien. Since there was no equity over the amount of the first and second liens, there could be no loss as a result of the mechanics’ liens.

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