§ 44A-24.9. Complaint; content; parties' foreclosure action; procedure.
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§ 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.)