(A) Pursuant to the authority granted in G.S. § 1-120.2, upon the issuance of a complaint and notice of hearing or order pursuant thereto (under the provisions of this chapter), the issuing officer may file in the office of the County Clerk of superior court a notice of lis pendens, with a copy of the complaint and notice of hearing attached thereto.
(B) From the date and time of the proper indexing of the same by the Clerk of superior court in accordance with the state’s general statutes, the complaint and notice of hearing or order (and all further orders entered in said proceeding) shall be binding upon the successors and/or assigns of the owners and parties in interest in the nonresidential building or structure. A copy of the notice of lis pendens shall be served upon the owners and parties in interest in the building or structure at the time of filing in accordance with applicable law.
(C) The notice of lis pendens shall remain in full force and effect until cancelled, which is authorized to be done by the Town Manager, Town Attorney, and the respective issuing officer (or his or her successor in office as such), upon full compliance with the order by the owner and upon the payment in full of any lien of the town by reason of actions of the town pursuant to said order; said persons are further authorized to subordinate the notice of lis pendens to a deed of trust thereafter upon reasonable assurances by the owner or the lending party that the loan proceeds will be escrowed or otherwise used in the repairs or other expenses incurred in fulfilling the matters to be done by the property owner to comply with the matters alleged in the complaint.
(Prior Code, § 1714)