Title 44, Chapter 14, Section 605
( 44-14-605)
(a) 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. (b) Upon written demand of the owner, lienee, or other authorized
agent served on the broker claiming the lien requiring that suit be
commenced to enforce the lien or answer be filed in a pending suit,
a suit shall be commenced or answer filed in a pending suit, within
90 days thereafter, or the lien shall be extinguished. Service of
such demand shall be in the manner required by Chapter 11 of Title
9, the "Georgia Civil Practice Act," for the service of a summons
and complaint. (c) Whenever a claim for lien has been timely filed with the clerk
of the superior court and is paid, or where there is failure to
institute a suit to enforce the lien within the time provided by
this part, the lien shall be invalid and the broker shall
acknowledge satisfaction or release of the lien, in writing, on
written demand of the owner within 30 days after payment or
expiration of the time in which to perfect the lien. This release
of the broker shall not be required to invalidate the lien. (d) The broker's right to file and record a lien provided for in
this part shall be dissolved if the owner, purchaser from owner,
lender providing a loan secured by commercial real estate, or other
holder of lienable interest in commercial real estate shows that: (1) The lien has been waived in writing by the lien claimant or
its expressly authorized agent; or (2) The owner or a person at whose instance the brokerage or
management services were provided has given a sworn written
statement that all such compensation due or to become due has been
paid or has been waived in writing by the potential lien claimant;
and (3) At the time the sworn written statement was obtained or given
as part of a bona fide sale or a loan secured by the commercial
real estate, the lien of record had not been previously canceled,
dissolved, or expired. |