Indiana § 32-28-12.5-13 Release or satisfaction of memorandum or notice of lien; demand to
bring suit or file answer

Indiana Statutes

§ 32-28-12.5-13 — Release or satisfaction of memorandum or notice of lien; demand to bring suit or file answer

Indiana § 32-28-12.5-13

Title 32PROPERTY

Art. 28LIENS ON REAL PROPERTY

Ch. 12.5Commercial Real Estate Broker Liens

This text of Indiana § 32-28-12.5-13 (Release or satisfaction of memorandum or notice of lien; demand to bring suit or file answer) 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 § 32-28-12.5-13 (2026).

Text

(a)If:

(1)a memorandum of lien or notice of lien has been recorded with the office of the recorder of the appropriate county; and

(2)a condition occurs that would preclude the broker company from receiving fees or commissions under the terms of the written agreement, contract, or other written instrument upon which the lien is based; the broker company shall provide to the owner of record of the commercial real estate, not later than ten (10) days after written demand by the owner of record, a written release or satisfaction of the memorandum of lien or notice of lien.

(b)Upon written demand:

(1)served by the owner, buyer, or tenant described in section 5 of this chapter, or the authorized agent of the owner, buyer, or tenant described in section 5 of this chapter, on the broker compa

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(a) If:
(1) a memorandum of lien or notice of lien has been recorded
with the office of the recorder of the appropriate county; and
(2) a condition occurs that would preclude the broker company
from receiving fees or commissions under the terms of the written
agreement, contract, or other written instrument upon which the
lien is based;
the broker company shall provide to the owner of record of the
commercial real estate, not later than ten (10) days after written
demand by the owner of record, a written release or satisfaction of the
memorandum of lien or notice of lien.
(b) Upon written demand:
(1) served by the owner, buyer, or tenant described in section 5 of
this chapter, or the authorized agent of the owner, buyer, or tenant
described in section 5 of this chapter, on the broker company
claiming a lien under this chapter; and
(2) requiring the broker company to:
(A) bring a suit to enforce the lien; or
(B) file an answer in a pending suit;
the broker company shall bring a suit or file an answer not later than
thirty (30) days after service of the demand. If the broker company does
not bring a suit or file an answer within the time prescribed by this
subsection, the lien is extinguished. The service of a written demand
under this subsection may be made by registered or certified mail,
return receipt requested, or by personal service.
(c) If:
(1) a memorandum of lien or notice of lien under this chapter has
been filed with the office of the recorder and the fees or
commissions upon which the lien is based have been paid to the
broker company claiming the lien; or
(2) the broker company fails to institute a suit to enforce the lien
within the time prescribed by this chapter;
the broker company shall, not later than five (5) days after receipt of a
written demand from the owner, buyer, or tenant described in section
5 of this chapter for a release or an acknowledgment of satisfaction of
the memorandum or lien, acknowledge satisfaction or release of the
memorandum or lien in writing.