Short Answer

In North Carolina, you clear a bogus lien or recorded claim by getting a court order that declares it invalid and directs the Register of Deeds to cancel it. The usual path is a quiet title/declaratory judgment action in Superior Court where the land sits, often paired with a motion to cancel any improper lis pendens or to discharge any invalid statutory lien. After the judge signs the order, you record a certified copy with the Register of Deeds to lift the cloud and restore marketable title.

Understanding the Problem

In North Carolina, can a homeowner remove a false claim recorded against their title that blocks a sale? Here, the listing agreement expired, yet the former real estate agent recorded an interest that now clouds title and demands payment to release it. The issue is how the property owner can lawfully cancel the filing so a closing can proceed.

Apply the Law

North Carolina law allows property owners to remove a cloud on title through a quiet title action and related declaratory relief in Superior Court. A recorded claim that affects title must be authorized by statute (such as a properly perfected mechanics lien on real property or a commercial broker’s lien) or be tied to a pending lawsuit that affects title (lis pendens). The Register of Deeds does not decide validity disputes; it cancels instruments when directed by an appropriate court order or when a statute provides a specific cancellation mechanism. The main forum is Superior Court in the county where the real estate is located. Certain recorded claims, like a lis pendens without an active lawsuit affecting title, can be challenged promptly by motion to cancel. For some statutory liens, you may also discharge the lien by posting a bond so a sale can proceed while the dispute is resolved.

Key Requirements

• Identify the instrument: Determine exactly what was recorded (e.g., lis pendens, claim of lien, affidavit/memorandum of contract, deed of trust).
• Check legal authority: Confirm whether the filing is authorized by North Carolina law and, if so, whether all statutory steps were followed (proper property type, deadlines, notices, and enforcement).
• Choose the remedy: File a quiet title/declaratory judgment case and, as needed, a motion to cancel lis pendens or to discharge an invalid lien; consider bonded discharge for certain statutory liens.
• Use the proper forum: File in Superior Court in the county where the property is located; serve the claimant under the Rules of Civil Procedure.
• Record the order: After obtaining a signed order declaring the instrument void or discharged, record a certified copy with the Register of Deeds to clear the title record.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Action to quiet title) – Authorizes actions to remove clouds and settle title to land.
• North Carolina Gen. Stat. § 1-253 (Declaratory judgments) – Allows the court to declare rights and legal relations, including the validity of recorded claims.
• North Carolina Gen. Stat. § 47-18 (Recording—effect on title) – Establishes that recorded instruments affect title and priority, which is why removing invalid filings is essential to marketable title.

Analysis

Apply the Rule to the Facts: The agent recorded an interest after the listing expired, and the property is in North Carolina. A broker’s lien on residential property is not authorized here, and a lis pendens must be tied to a pending lawsuit affecting title. If there is no qualifying statute or pending case, you can seek a declaratory judgment and quiet title order in Superior Court declaring the recording void, and move to cancel any lis pendens. Once you have the order, the Register of Deeds will cancel the document and the cloud should lift.

Process & Timing

1. Who files: Property owner. Where: Superior Court, in the North Carolina county where the property is located (file with the Clerk of Superior Court). What: Verified complaint for quiet title and declaratory judgment; if a lis pendens exists without a proper lawsuit, add a motion to cancel lis pendens; if a statutory lien was recorded, seek discharge/voiding or post a bond where permitted. When: File as soon as you discover the cloud; motions to cancel improper lis pendens can often be set on a faster track.
2. Serve the recorded claimant under Rule 4; request a hearing date on the motion; present the recording, the expired agreement, and any lack of statutory authority or noncompliance. Courts can enter orders canceling lis pendens or declaring an instrument void when the filing lacks legal basis.
3. Obtain a signed order directing the Register of Deeds to cancel the specific instrument. Record a certified copy of the order with the Register of Deeds; provide the order to any closing attorney or title insurer to restore marketable title.

Exceptions & Pitfalls

• If the claimant actually filed a lawsuit affecting title (for example, specific performance) and properly recorded a lis pendens, cancellation is unlikely; you must defend the suit or resolve it.
• Some liens are valid only for specific property types or only if strict steps are followed. A commercial broker’s lien does not apply to residential property; mechanics liens require precise notices, timing, and enforcement. Verify the property type and compliance.
• Consider a bonded discharge for certain statutory liens to allow closing while the dispute continues. Coordinate with your closing attorney and title insurer before posting a bond.
• Serve the recorded claimant correctly. Defective service can delay relief or risk later challenges to the order canceling the instrument.
• Avoid paying demands to release an invalid filing without legal review; this can encourage repeat filings and may not fix the title record unless a proper cancellation is recorded.

Talk to a Partition Action Attorney

If you’re dealing with a bogus filing that clouds your title and blocks a sale, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.