Complaint; content; parties' foreclosure action; procedure

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  1. A complaint filed under the provisions of this article 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; and
    6. 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.


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