Found At: www.statewidetitle.com
Issue 18 Article 39
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 attorneys 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 insureds 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.