Indiana § 32-28-12.5-11 Foreclosure of lien; procedures; contents of complaint

Indiana Statutes

§ 32-28-12.5-11 — Foreclosure of lien; procedures; contents of complaint

Indiana § 32-28-12.5-11

Title 32PROPERTY

Art. 28LIENS ON REAL PROPERTY

Ch. 12.5Commercial Real Estate Broker Liens

This text of Indiana § 32-28-12.5-11 (Foreclosure of lien; procedures; contents of complaint) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-28-12.5-11 (2026).

Text

(a)The broker company claiming the lien shall, not later than one (1) year after recording the notice of the lien, commence proceedings to foreclose the lien. However, for future fees or commissions payable over a period in excess of one (1) year from the occurrence of a condition for which such future fees or commissions are claimed, the commencement of the suit must be within one (1) year of the latest date for which future fees or commissions are due. A broker company's failure to commence proceedings within the time prescribed by this subsection extinguishes the lien and a subsequent notice of lien may not be given for the same claim, nor may that claim be asserted in any other proceedings under this chapter.

(b)A broker company claiming a lien based upon an option or other right to

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(a) The broker company claiming the lien
shall, not later than one (1) year after recording the notice of the lien,
commence proceedings to foreclose the lien. However, for future fees
or commissions payable over a period in excess of one (1) year from
the occurrence of a condition for which such future fees or
commissions are claimed, the commencement of the suit must be
within one (1) year of the latest date for which future fees or
commissions are due. A broker company's failure to commence
proceedings within the time prescribed by this subsection extinguishes
the lien and a subsequent notice of lien may not be given for the same
claim, nor may that claim be asserted in any other proceedings under
this chapter.
(b) A broker company claiming a lien based upon an option or other
right to purchase or lease commercial real estate shall, not later than
one (1) year after recording the notice of the lien, commence
proceedings to foreclose the lien. A broker company's failure to
commence proceedings within the time prescribed by this subsection
extinguishes the lien and a subsequent notice of lien may not be given
for the same claim, nor may that claim be asserted in any other
proceedings under this chapter.
(c) The foreclosure of a lien recorded under this chapter shall be
conducted under the same rules and same procedures applicable to the
foreclosure of mortgages upon real estate. A complaint under this
section must contain:
(1) a brief statement of the written agreement, contract, or other
written instrument that is the basis for the lien;
(2) the date when the written agreement, contract, or other written
instrument was made;
(3) a description of the services performed by the broker
company;
(4) the amount due and unpaid for the services described in
subdivision (3);
(5) a description of the commercial real estate subject to the
notice of lien; and
(6) other facts reasonably necessary to describe the rights of the
parties.