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11/09/2018

NC Lien Law

Highway 69 Storage - Mary Wiegold

The NC Lien Law Chapter 44A-4 Enforcement of lien by public sale specifically states in part that the notice of sale shall include: The name of the person having legal title to the property and also the amount due for which the lien is claimed. If the storage facility does not print the name of the owner and the amount owed, could the sale of the contents of that unit be contested by the tenant owner?

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11 Comments

Kevin Leebrick on Friday 11/09/2018 at 04:27PM wrote:

This isn't legal advice;The short answer is yes, that information is clearly spelled out.

Mary Wiegold on Friday 11/09/2018 at 05:37PM wrote:

Let me be even more specific.....
Should the auction newspaper ad show the property owner's name and the amount they owe?

Kevin Leebrick on Friday 11/09/2018 at 06:20PM wrote:

Yes, it should have the Name Unit Number Items and Balance.

Mary Wiegold on Friday 11/09/2018 at 09:27PM wrote:

That is the way I interpreted the lien law, however our local newspaper is questioning the liability on their part to put the names and amount due in the auction ad.

Peter Allen on Thursday 11/15/2018 at 03:51PM wrote:

I think there are some crossed signals here. I've never heard of a storage facility interpreting the lien law in any state to require publishing a tenant's amount due in the newspaper ad. Is there confusion between the notice to tenant and the public notice (newspaper ad)?

Mary Wiegold on Thursday 11/15/2018 at 04:26PM wrote:

Mr. Allen:
In Section 44-A-4(f)(2) it references the Notice of Sale to include:
The name of person having legal title to the property and also (f)(4) amount due for the lien.
This Section is separate from the Notice to the tenant of the lien.

Wish I could get a specific answer on what must be included in the ad.

Peter Allen on Thursday 11/15/2018 at 04:49PM wrote:

Mary, can you post a link to the copy of the lien law you are referencing?

Kevin Leebrick on Thursday 11/15/2018 at 05:20PM wrote:

I've emailed in to the South storage legal network and should have an answer tomorrow on this

Barbara Hancock on Friday 11/16/2018 at 09:48AM wrote:

Self Storage has a separate general statute, look at Chapter 44A-40 for the application to self storage.

Kevin Leebrick on Friday 11/16/2018 at 12:12PM wrote:

per SSLN: The law does not have specific requirements. So you want the name of the tenant, a general description of the property and the time and date of sale. the law does require that you have at least three unrelated bidders in attendance. Ifg the audience is less than this you cannot go forward.

Mary Wiegold on Friday 11/16/2018 at 02:05PM wrote:

We want to thank all of you who responded to our question regarding the NC Lien Law requirements when publishing the auction ad.
Mary

Disclaimer: The opinions expressed in the comments shown above are those of the individual comment authors and do not reflect the opinions of this organization.