2017 Maryland Code
Real Property
Title 14 - Miscellaneous Rules
Subtitle 3 - Commercial Real Estate Broker's Lien
§ 14-304. Establishment of broker's lien

  • (a) Commencement of proceedings. -- To establish a broker's lien under this subtitle, a broker shall commence proceedings in the circuit court where the commercial property is located within 180 days after the commercial leasing commission became due and payable by filing with the clerk of the court:
    • (1) A petition to establish a broker's lien, which shall contain the following:
      • (i) The name and address of the petitioner;
      • (ii) The name and address of the owner;
      • (iii) A copy of the brokerage agreement;
      • (iv) A description of the lien property, including a statement whether part of the lien property is located in another county, by:
        • 1. Reasonably specific geographic location;
        • 2. Street address; or
        • 3. Legal description from the deed as recorded among the land records; and
      • (v) The amount of the commission and the unpaid portion of the commission;
    • (2) An affidavit by the broker or by an individual on behalf of the broker stating the facts which the broker is claiming a broker's lien against the lien property in the amount specified; and
    • (3) Either original or sworn, certified or photostatic copies of all material papers or parts of any material papers, if any, which constitute the basis of the broker's claim for a lien, unless the absence of any material papers or parts of any material papers is explained in the affidavit.
  • (b) Docketing; process; pleadings. -- The clerk shall docket the proceedings as an action in equity, and all process shall issue out of and all pleadings shall be filed in the one action.
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