§ 75D-13. Filing and attachment of RICO lien notice.
§75D‑13. Filing and attachment of RICO lien notice.
(a) Upon theinstitution of any proceeding under this Chapter, the Attorney General then orat any time during the pendency of the proceeding may file in the officialrecords of any one or more counties a RICO lien notice. No filing fee or othercharge shall be required as a condition for filing the RICO lien notice. Theclerk of the superior court shall, upon the presentation of a RICO lien notice,immediately record it in the official records.
(b) The RICO lien shallbe signed by the Attorney General or his designee or by a designated districtattorney. The notice shall be in such form as the Attorney General prescribesand, in addition to a description of the particular property sought to beforfeited, shall set forth the following information:
(1) If brought in thename of a person, the name of the person against whom the civil proceeding hasbeen brought. In his discretion, the Attorney General may also name in the RICOlien notice any other aliases, names or fictitious names under which the personmay be known;
(2) If known to theAttorney General the present residence and business addresses of the personnamed in the RICO lien notice and of the other names set forth in the RICO liennotice;
(3) A reference to thecivil proceeding stating that a proceeding under this Chapter has been broughtagainst the person named in the RICO lien notice, the name of the county orcounties where the proceeding has been brought, and, if known to the AttorneyGeneral at the time of filing the RICO lien notice, the case number of theproceeding;
(4) A statement that thenotice is being filed pursuant to this Chapter; and
(5) The name and addressof the person in the Attorney General's office filing the RICO lien notice andthe name of the individual signing the RICO lien notice.
(c) A RICO lien noticeshall apply only to one person and, to the extent applicable, any aliases,fictitious names, or other names, including names of corporations,partnerships, or other entities, to the extent permitted in paragraph (1) ofsubsection (b) of this section. A separate RICO lien notice shall be filed forany other person against whom the Attorney General desires to file a RICO liennotice under this section.
(d) The AttorneyGeneral shall, as soon as practicable after the filing of each RICO liennotice, serve, by any method provided for by G.S. 1A‑1, Rule 4, upon theperson named in the notice and any other person who holds an interest ofrecord, either a copy of the recorded notice or a copy of the notice with anotation thereon of the county or counties in which the notice has beenrecorded.
(e) The filing of aRICO lien notice creates, from the time of its filing, a lien in favor of theState on the following property of the person named in the notice and againstany other names sets forth in the notice:
(1) Any real propertysituated in the county where the notice is filed then or thereafter owned bythe person or under any of the names; and
(2) Any beneficialinterest situated in the county where the notice is filed then or thereafterowned by the person or under any of the names.
(f) The lien shallcommence and attach as of the time of filing of the RICO lien notice and shallcontinue thereafter until expiration, termination, or release pursuant to G.S.75D‑14. The lien created in favor of the State shall be superior andprior to the interest of any other person in the real property or beneficialinterests if the interest is acquired subsequent to the filing of the notice.
(g) In conjunction withany proceedings pursuant to this Chapter:
(1) The Attorney Generalmay file without prior court order in any county a lis pendens and, in suchcase, any person acquiring an interest in the subject real property orbeneficial interest subsequent to the filing of lis pendens, shall take theinterest subject to the civil proceeding and any subsequent judgment offorfeiture; and
(2) If a RICO liennotice has been filed, the Attorney General may name as defendants, in additionto the person named in the notice, any persons acquiring an interest in thereal property or beneficial interest subsequent to the filing of the notice. Ifa judgment of forfeiture is entered in the proceeding in favor of the State,the interest of any person in the property that was acquired subsequent to thefiling of the notice shall be subject to the notice and judgment of forfeiture.
(h) (1) Atrustee upon whom a RICO lien notice or a RICO civil proceeding has been servedshall immediately furnish to the Attorney General the following:
a. The name andaddresses, as known to the trustee, of all persons for whose benefit thetrustee holds title to the real property; and
b. If requested by theAttorney General's office, a copy of the trust agreement or other instrument pursuantto which the trustee holds legal or record title to the real property.
(2) Any trustee whofails to comply with the provisions of this subsection shall be removed bycourt order and a substitute trustee shall be named in lieu of the trustee soremoved.
(i) The filing of aRICO lien notice shall not affect the use to which real property or abeneficial interest owned by the person named in the RICO lien notice may beput or in the right of the person to receive any avails, rents, or otherproceeds resulting from the use and ownership, but not the sale, of theproperty until a judgment of forfeiture is entered.
(j) All forfeitures ordispositions under this section shall be made with due provision for the rightsof innocent persons. (1985 (Reg. Sess., 1986), c. 999, s. 1; 1989, c. 489,s. 1.)