Ind. Code § 32-28-12-3

Real estate sale commission claims; filing notice; priority

As added by P.L.2-2002, SEC.13. Amended by P.L.127-2017, SEC.11.
  1. (a) Notwithstanding section 2 of this chapter, an employee:

    1. (1) whose claim is for a commission due upon the conveyance of real estate; and
    2. (2) who wishes to acquire a lien on the real estate;

      may file a notice in the recorder's office of the county in which the real estate is located of the employee's intention to hold a lien on the real estate.

  2. (b) A notice filed under this section must:

    1. (1) contain the same information required for a mechanic's lien;
    2. (2) state that the claim is due upon the conveyance of the real estate; and
    3. (3) be filed before the conveyance of the real estate by the corporation.
  3. (c) The recorder of any county shall, when notice is presented for recording under this section:

    1. (1) record the notice in the record required by law for notice of mechanic's liens; and
    2. (2) charge a fee in an amount specified in IC 36-2-7-10 (c)(1).
  4. (d) The lien created under this section must relate to:

    1. (1) the time when the employee was employed by the corporation; or
    2. (2) any subsequent date during the employment, at the election of the employee;

      and has priority over all liens suffered or created after the date, except other employees' liens, over which there is no priority.

      [Pre-2002 Recodification Citation: 32-8-24-2.3.]

As added by P.L.2-2002, SEC.13. Amended by P.L.127-2017, SEC.11.

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