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

(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.]

Legislative History

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