I was working on originating new financing for a client in North Carolina. We have a fee agreement in place and after 6 months of work, client abruptly canceled the entire loan 4 days from closing without any explanation. We have since not been able to speak or get the client on the phone to determine or understand the situation but our agreement does have a 'breakup clause' that in the event you are approved, which the client was, and you change your mind and don't close the loan, you owe a break up fee. We are seeking to simply file a brokers lien on the commercial properties to protect our interest.
You would file a lien pursuant to § 44A-24.3. Commercial real estate lien, so long as you meet the requirements. You also have a breach of contract action. I would engage an attorney quickly to send a demand letter and take the appropriate actions, including filing a lien on the property if you meet the statutory requirements. I'd be happy to assist.
Yes. Send me an email at malay@lawhssm.com.