reglab/housing_qa huggingface dataset:
IN Code § 32-28-12.5-6 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-6. When Lien Attaches to Commercial Real Estate

Sec. 6. (a) A lien under this chapter attaches to commercial real estate or an interest in commercial real estate upon:(1) the broker company being entitled to fees or commissions under a written agreement, a contract, or another instrument signed by the owner, buyer, or tenant of the commercial real estate, or by an authorized agent of the owner, buyer, or tenant; and(2) except as provided in sections 8 and 9 of this chapter, the broker company recording a notice of lien in the office of the recorder of the county in which the commercial real estate or an interest in the commercial real estate is located:(A) before the recording of the deed for the actual conveyance or transfer of the commercial real estate against which the broker is claiming a lien, if the broker company claims fees or commissions from the party conveying or transferring an interest in the commercial real estate; or(B) not later than ninety (90) days after the recording of the deed or other instrument for the purchase or other conveyance or transfer of the commercial real estate, if the broker company claims fees or commissions from the party receiving a conveyance or transfer of an interest in the commercial real estate.(b) A lien under this chapter attaches on the date of the recording of the notice of the lien under subsection (a)(2) and does not relate back to the date of the written agreement, contract, or other written instrument described in subsection (a)(1).As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.52; P.L.116-2015, SEC.25.
IN Code § 32-28-12.5-7 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-7. Sale of Commercial Real Estate; Notice of Closing; Preservation of Right to File Lien; Owner's Certification at Closing

Sec. 7. (a) This section does not apply:(1) to fees or commissions that arise from a lease, including fees or commissions for a sale of the property, lease expansions, or lease renewals;(2) if a broker company's fees or commissions have been paid in full; or(3) if a broker company waives the notice requirements of this section in writing.(b) Not later than ten (10) days before the planned closing of a transaction involving the sale of commercial real estate, the owner shall notify the following persons of the date of the closing, the time of the closing, the address of the closing, and of the name of the closing agent, title company, or title insurance agent:(1) One (1) or more broker companies to whom the owner owes fees or commissions.(2) The closing agent, title company, or title insurance agent involved in the transaction.Notice under this subsection shall be sent by registered or certified mail, return receipt requested, or by another means of service authorized by the Indiana trial rules that provides proof that the addressee has received the notice.(c) To exercise its rights under this chapter to file a lien after receipt of the notice under subsection (b), the broker company must notify the closing agent, title company, or title insurance agent at the address in the notice of the amount of the fees or commissions owed before the time of the closing stated in the notice.(d) If the broker company does not attend the closing of a transaction involving the sale of commercial real estate, the owner shall certify in writing at the closing, under the penalties of perjury:(1) that:(A) the owner has notified the broker company in accordance with subsection (b); and(B) the broker company received the notice; or(2) that the broker company has been paid in full.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.53; P.L.116-2015, SEC.26.
IN Code § 32-28-12.5-8 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-8. Installment Payments; Recording Notice of Lien; Single Claim for Lien; Partial Releases

Sec. 8. (a) This section applies to a transaction involving the conveyance or transfer of commercial real estate in which:(1) payment to a broker company is due in installments; and(2) a part of the installment payments is due only after the conveyance or transfer of the commercial real estate involved in the transaction.(b) Subject to subsection (c), the broker company may record a notice of lien for those payments described in subsection (a)(2) at any time after the transfer or conveyance, but not later than ninety (90) days after the date on which the payment is due. A notice of lien under this section is effective as a lien against the transferor's interest in the commercial real estate only to the extent consideration is still owed to the transferor by the transferee. However, the lien is effective against the transferee's interest in the commercial real estate without the limitation described in this subsection.(c) A single claim for a lien recorded:(1) before the transfer or conveyance of the commercial real estate; and(2) with respect to all payments due in installments;is valid and enforceable with respect to payments due after the transfer or conveyance. However, as payments or partial payments of fees or commissions are received by the broker company, the broker company shall, by providing partial releases with respect to those payments, reduce the amount due the broker company under the notice of lien described in this subsection.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.54; P.L.116-2015, SEC.27.
IN Code § 32-28-12.5-10 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-10. Notice of Lien; Service on Owner; Mailing or Personal Service

Sec. 10. A broker company shall, not later than ten (10) days after recording a notice of lien under this chapter, personally serve or mail, by registered or certified mail, a copy of the notice of lien to the owner of record of the commercial real estate, or to the agent of the owner of record, at the address of the owner stated in the written agreement, contract, or other written instrument on which the claim for the lien is based. If the address of the owner or the owner's agent is not stated, the broker company shall personally serve or mail, by registered or certified mail, a copy of the notice of the lien to the address where real estate taxes are sent for the commercial real estate on which the claim of lien is based. Mailing of the copy of the notice of lien is effective when deposited in the United States mail with postage prepaid. Personal service of the notice of the lien is effective upon receipt by the owner or the agent of the owner of record. A broker company's lien is unenforceable if mailing or service of the copy of notice of lien does not occur at the time and in the manner required by this section.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.56; P.L.116-2015, SEC.29.
IN Code § 32-28-12.5-11 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-11. Foreclosure of Lien; Procedures; Contents of Complaint

Sec. 11. (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.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.57; P.L.116-2015, SEC.30.
IN Code § 32-28-12.5-12 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-12. Notice of Lien; Contents; Signature; Verification

Sec. 12. A notice of lien recorded under this chapter must:(1) state:(A) the name of the claimant;(B) the name of the owner of the commercial real estate upon which the lien is claimed;(C) a legal description of the commercial real estate upon which the lien is claimed;(D) the amount for which the lien is claimed; and(E) the license number of the broker company's license under IC 25-34.1;(2) contain a statement that the information contained in the notice is true and accurate to the knowledge of the signatory;(3) be signed by the managing broker responsible for the actions of the broker company or by a person authorized to sign on behalf of the managing broker; and(4) be verified.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.58; P.L.116-2015, SEC.31.
IN Code § 32-28-12.5-13 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-13. Release or Satisfaction of Memorandum or Notice of Lien; Demand to Bring Suit or File Answer

Sec. 13. (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.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.59; P.L.116-2015, SEC.32.
IN Code § 32-28-12.5-14 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-14. Alternative Dispute Resolution; Forum; Judgment; Stay of Foreclosure Proceeding

Sec. 14. If the broker company and the party from whom fees or commissions are claimed under this chapter agree to alternative dispute resolution, any claim under this chapter must be heard and resolved in the forum agreed to by the parties. The court before which a lien foreclosure proceeding is brought under this chapter retains jurisdiction to enter judgment on the award or other result made or reached under alternative dispute resolution proceedings with respect to all parties to the foreclosure. The broker company's notice of lien remains of record and the foreclosure proceeding shall be stayed during the pendency of the alternative dispute resolution proceedings.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.60; P.L.116-2015, SEC.33.
IN Code § 32-28-12.5-15 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-15. Cost of Proceedings; Apportionment

Sec. 15. The cost of proceedings brought under this chapter, including reasonable attorney's fees, costs, and prejudgment interest due to the prevailing party, shall be borne by the nonprevailing party. If more than one (1) party is responsible for costs, fees, and prejudgment interest, the costs, fees, and prejudgment interest shall be equitably apportioned by the court or alternative dispute resolution tribunal among the responsible parties.As added by P.L.78-2006, SEC.1.
IN Code § 32-28-12.5-16 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-16. Waiver of Right to Lien Void

Sec. 16. Except for a waiver or release of a memorandum or lien provided in consideration of payment of the fees or commissions claimed by a broker company under this chapter, or except as otherwise provided in section 13 of this chapter, any waiver of a broker company's right to a lien on commercial property under this chapter is void.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.61; P.L.116-2015, SEC.34.
IN Code § 32-28-12.5-17 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-17. Prior Recorded Liens, Mortgages, and Encumbrances; Priority

Sec. 17. Valid recorded liens, mortgages, and other encumbrances that are recorded before a principal broker's notice of lien under this chapter have priority over a principal broker's lien under this chapter. Prior recorded liens, mortgages, and encumbrances that have priority under this section include:(1) a valid mechanic's lien that is recorded after a principal broker's notice of lien under this chapter, but that relates back to a date before the recording date of the principal broker's notice of lien; and(2) prior recorded liens securing revolving credit and future advances of construction loans.As added by P.L.78-2006, SEC.1.
IN Code § 32-28-12.5-18 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-18. Lien on Funds in Escrow Account

Sec. 18. If:(1) a claim for a lien under this chapter has been filed with the office of the recorder of the county in which commercial real estate or any interest in commercial real estate is located; and(2) an escrow account is established among:(A) the one (1) or more parties allegedly responsible for payment of the fees or commissions on which the lien is based;(B) the broker company that filed the lien; and(C) an independent third party as escrowee;from the proceeds of the conveyance, or from any other source of funds, in an amount that is at least one hundred ten percent (110%) of the amount of the lien claimed under this chapter;the lien against the real estate is extinguished and becomes a lien on the funds contained in the escrow account. The establishment of an escrow account described in this section does not constitute cause for any party to refuse to close the transaction.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.62; P.L.116-2015, SEC.35.
IN Code § 32-28-12.5-19 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 12.5. Commercial Real Estate Broker Liens|32-28-12.5-19. Owner Not Providing Required Notice or Certification at Closing; Civil Action; Damages; Defenses

Sec. 19. (a) If any party, including a broker company, buyer, or buyer's mortgagee suffers a pecuniary loss as the result of an owner's violation of the notice or certification provisions described in section 7 of this chapter, the party may bring a civil action against the owner for the following:(1) Actual damages.(2) The costs of the action.(3) Reasonable attorney's fees.However, if the party establishes that the owner's violation of the notice or certification provisions was fraudulent, a court may award the party damages that do not exceed three (3) times actual damages.(b) It is a defense to an action brought under this section that the most recent address provided by the broker company to the owner in the agreement, contract, or other written instrument, including a written instrument described in section 5 of this chapter, was incorrect, and as a result of the incorrect address, the principal broker did not receive the owner's notice described in section 7(b) of this chapter, and as a result the broker company failed to provide the notice as required in section 7(c) of this chapter.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.63; P.L.116-2015, SEC.36.
IN Code § 32-28-13-1 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-1. "Common Law Lien"

Sec. 1. As used in this chapter, "common law lien" means a lien against real or personal property that is not:(1) a statutory lien;(2) a security interest created by agreement; or(3) except as provided in this chapter, a judicial lien obtained by legal or equitable process or proceedings.[Pre-2002 Recodification Citation: 32-8-39-1.]As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.2.
IN Code § 32-28-13-1.5 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-1.5. "Public Employee"

Sec. 1.5. As used in this chapter, "public employee" means an individual who is an employee in the executive, judicial, or legislative branch of:(1) the state or a political subdivision (as defined in IC 5-11-10.5-1); or(2) the federal government;in Indiana.As added by P.L.191-2015, SEC.3.
IN Code § 32-28-13-2 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-2. "Property Owner"

Sec. 2. As used in this chapter, "property owner" means the owner of record of real or personal property.[Pre-2002 Recodification Citation: 32-8-39-2.]As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.4.
IN Code § 32-28-13-3 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-3. "Public Official"

Sec. 3. As used in this chapter, "public official" means an individual who holds office or formerly held office at any time during the preceding four (4) years in the executive, judicial, or legislative branch of:(1) the state or a political subdivision (as defined in IC 5-11-10.5-1); or(2) the federal government;in Indiana.[Pre-2002 Recodification Citation: 32-8-39-2.2.]As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.5.
IN Code § 32-28-13-4 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-4. Common Law Lien Against Public Official Based on Performance of Official Duty Precluded; Voiding Common Law Lien

Sec. 4. (a) This chapter provides the procedure for filing and releasing a common law lien.(b) This chapter does not create a common law lien. A common law lien does not exist against the property of a public official for the performance or nonperformance of the public official's official duty. A person asserting a common law lien must prove the existence of the lien:(1) as prescribed by the common law of Indiana; or(2) as provided in this chapter.(c) Unless a common law lien becomes void at an earlier date under section 6(b) of this chapter, a common law lien is void if the common law lienholder fails to commence a suit on the common law lien within one hundred eighty (180) days after the date the common law lien is recorded under this chapter.[Pre-2002 Recodification Citation: 32-8-39-2.7.]As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.1; P.L.191-2015, SEC.6.