§ 44-14-600. Short Title
This part shall be known and may be cited as the “Commercial Real Estate Broker Lien Act.” History. Code 1981, § 44-14-600 , enacted by Ga. L. 1993, p. 1490, § 1. Law reviews. For annual survey article on real property law, see 50 Mercer L. Rev. 307 (1998).
§ 44-14-601. Definitions
As used in this part, the term: “Broker” means a broker as defined in paragraph (2) of Code Section 43-40-1. “Client” means a person or entity having an interest in real property that has entered into a written brokerage agreement with a real estate broker relative to such property. “Commercial real estate” means any real […]
§ 44-14-602. Lien on Commercial Real Estate for Broker’s Compensation
Any real estate broker who is not an employee or independent contractor of another real estate broker shall have a lien, in the amount of the compensation agreed upon by and between the broker and the landlord or seller or other client or customer, upon commercial real estate or any interest in commercial real estate: […]
§ 44-14-603. Priority of Liens
Prior recorded liens and liens for ad valorem taxes shall have priority over a broker’s lien. History. Code 1981, § 44-14-603 , enacted by Ga. L. 1993, p. 1490, § 1.
§ 44-14-604. Escrow to Release Claim for Lien That Would Prevent Closing of Transaction or Conveyance
Except as otherwise provided in this Code section, whenever a claim for lien has been filed with the clerk of a superior court that would prevent the closing of a transaction or conveyance, an escrow account shall be established from the proceeds from the transaction or conveyance in an amount sufficient to release the claim […]
§ 44-14-605. Release or Satisfaction of Lien on Occurrence of Condition Precluding Broker From Receiving Compensation; Suit to Enforce Lien; When Lien Invalid; When Right to File and Record Lien Dissolved
Whenever a claim for lien has been filed with the superior court and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker’s written agreement, the broker shall provide to the owner of record a written release or satisfaction of the lien. Upon written demand of the owner, […]
§ 44-14-531. Right of Transferee to Foreclose
Upon the simple transfer or assignment of any rent note, mortgage note, or other such evidence of debt as mentioned in Code Sections 44-14-325 and 44-14-326, the person to whom the same may be transferred or assigned shall, without more, have full power and authority to foreclose or enforce the evidences of debt in his […]
§ 44-14-550. Manner of Foreclosure; Demand; Forfeiture of Lien; Affidavit; Notice; Petition for and Conduct of Probable Cause Hearing; Possession; Bond; Petition for Full Hearing; Authorization of Foreclosure; Damages; Limitation
Liens on personal property, other than mortgages, when not otherwise provided for, shall be foreclosed in accordance with the following provisions: There shall be a demand on the owner, agent, or lessee of the property for payment and a refusal to pay; and such demand and refusal shall be averred. If, however, no such demand […]
§ 44-14-551. Judgment on Replevy Bonds
In all foreclosure of liens on personalty in which the property levied on is replevied and in which verdicts are found for the plaintiffs, the plaintiffs shall be granted judgments against the defendants and their securities in the same manner and with the same effect as in cases of appeal. History. Ga. L. 1880-81, p. […]
§ 44-14-570. Purpose
It is the purpose of this part to conform to Section 6323 of the United States Internal Revenue Code as amended by Public Law 89-719, entitled the Federal Tax Lien Act of 1966. History. Ga. L. 1968, p. 561, § 2; Ga. L. 1987, p. 191, § 9. Editor’s notes. Ga. L. 1987, p. 191, […]