§ 18-48-807. Release of notice of claim of lien
(a) If a principal broker records a notice of claim of lien against proceeds and knows or learns that he or she is not entitled to receive compensation under the terms of the representation agreement, the principal broker shall record a written release of the notice of claim of lien against proceeds within five (5) […]
§ 18-48-808. Disputed claim — Order to show cause
(a) (1) An owner of commercial real estate may dispute a recorded notice of claim of lien against proceeds filed under this subchapter by filing a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the principal […]
§ 18-48-809. Priority of lien claims
If perfected prior to the recording of a notice of claim of lien against proceeds, the following liens have priority over a lien created under this subchapter: (1) Statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing under statutory liens, mortgages, deeds of trust, […]
§ 18-48-703. Notice of lien
The rental agreement shall contain a statement, in bold type, advising the occupant: (1) Of the existence of the lien; and (2) That property stored in the leased space may be sold to satisfy the lien if the occupant is in default.
§ 18-49-101. Limitation of actions
(a) In suits to foreclose or enforce mortgages, deeds of trust, or vendor’s liens, it shall be sufficient defense that they have not been brought within the period of limitation prescribed by law for a suit on the debt or liability for the security of which they were given. (b) When any payment is made […]
§ 18-48-704. Access to leased space — Care of property
(a) If an occupant is in default, the marina operator may deny the occupant access to the leased space. (b) (1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the occupant. (2) Entry of the leased space by […]
§ 18-49-102. Defense of payment or setoff
(a) In any action in a justice court or circuit court of this state in which it is attempted to foreclose any mortgage or deed of trust or to replevy, under a mortgage, deed of trust, or other instrument any personal property, the defendant in the action shall have the right to prove or show […]
§ 18-48-705. Default — Right to sell property
If the occupant is in default for a period of more than forty-five (45) days, the marina operator may enforce the lien by selling the property stored in the leased space at a public sale for cash.
§ 18-49-103. Judgment
(a) It shall not be necessary in any action upon a mortgage or lien to enter an interlocutory judgment or give time for the payment of money, or for doing any other act. In such cases, final judgment may be given in the first instance. (b) In the foreclosure of a mortgage, a sale of […]
§ 18-48-706. Sale procedure
(a) Before conducting a sale under § 18-48-705, the marina operator shall: (1) (A) Notify the occupant in writing of the default. (B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant’s last known address, and shall include: (i) A statement that the contents of the occupant’s […]