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(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.
Cite this article: FindLaw.com - Mississippi Code Title 85. Debtor-Creditor Relationship § 85-7-515. Complaint; content; parties’ foreclosure action; procedure - last updated January 01, 2018 | https://codes.findlaw.com/ms/title-85-debtor-creditor-relationship/ms-code-sect-85-7-515.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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