Indiana § 32-28-12-3 - Real estate sale commission claims; filing notice; priority

§ 32-28-12-3. Real estate sale commission claims; filing notice; priority

Sec. 3. (a) Notwithstanding section 2 of this chapter, an employee:

(1) whose claim is for a commission due upon the conveyance of real estate; and

(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.

(b) A notice filed under this section must:

(1) contain the same information required for a mechanic's lien;

(2) state that the claim is due upon the conveyance of the real estate; and

(3) be filed before the conveyance of the real estate by the corporation.

(c) The recorder of any county shall, when notice is presented for recording under this section:

(1) record the notice in the record required by law for notice of mechanic's liens; and

(2) charge a fee in an amount specified in IC 36-2-7-10(c)(1).

(d) The lien created under this section must relate to:

(1) the time when the employee was employed by the corporation; or

(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.