Current through the 2024 Regular Session
Section 85-7-515 - Complaint; content; parties' foreclosure action; procedure(1) A complaint filed under the provisions of this article shall contain all of the following: (a) A statement of the terms of the written agreement for broker services on which the lien is based or a copy of the written contract or agreement;(b) The date when the written agreement for broker services was made;(c) A description of the services performed;(d) The amount due and unpaid;(e) A description of the property that is subject to the lien; and(f) Any other facts necessary for a full understanding of the rights of the parties.(2) The plaintiff shall file the action against all parties that have an interest of record in the commercial real estate; provided that a lender shall not be made a party to any suit to enforce a lien under this article unless the lender has willfully caused the nonpayment of the compensation giving rise to the lien. A foreclosure action for a lien claimed under this article shall be brought under the provisions of this section.(3) Upon filing a complaint, the plaintiff shall file with the chancery clerk of each county where the commercial real estate, or any part thereof, is situated a lis pendens notice in accordance with Section 11-47-3.Reenacted by Laws, 2017, ch. 348, SB 2425, 8, eff. 7/1/2017.Added by Laws, 2014, ch. 522, SB 2559, 8, eff. 7/1/2014.