North Carolina § 44A-24 - 9. Complaint; content; parties' foreclosure action; procedure.

§ 44A-24. 9. Complaint; content; parties' foreclosure action; procedure.

A complaint filed pursuant to the provisions of this section and G.S. 44A-24.8 shall contain all of the following: 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. The date when the written agreement for broker services was made. A description of the services performed. The amount due and unpaid. A description of the property that is subject to the lien. Any other facts necessary for a full understanding of the rights of the parties. 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. Valid prior recorded liens or mortgages shall have priority over a lien under this Part. History (2011-165, s. 1.)