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Miss. Code Ann. § 85-7-515

Complaint; content; parties’ foreclosure action; procedure

Laws, 2014, ch. 522, § 8; reenacted without change, Laws, 2017, ch. 348, § 8, eff from and after July 1, 2017.

(1) A complaint filed under the provisions of this article 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;

(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; and

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

(7) 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.

(8) 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.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.