North Carolina General Statutes § 44A-24.9 Complaint; content; parties' foreclosure action; procedure

(a)        A complaint filed pursuant to the provisions of this section and G.S. 44A-24.8 shall contain all of the following:

(1)        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.

(2)        The date when the written agreement for broker services was made.

(3)        A description of the services performed.

(4)        The amount due and unpaid.

(5)        A description of the property that is subject to the lien.

(6)        Any other facts necessary for a full understanding of the rights of the parties.

(b)        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 Part unless the lender has willfully caused the nonpayment of the commission giving rise to the lien: a foreclosure action for a lien claimed pursuant to this Part shall be brought pursuant to the provisions of this Article.

(c)        Valid prior recorded liens or mortgages shall have priority over a lien under this Part.  (2011-165, s. 1.)

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Last modified: March 23, 2014