reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 32-28-12-1. Work and Labor; Priority

Sec. 1. (a) Except as provided in subsection (b), the employees of a corporation doing business in Indiana, whether organized under Indiana law or otherwise, may have and hold a first and prior lien upon:
(1) the corporate property of the corporation; and
(2) the earnings of the corporation;
for all work and labor done and performed by the employees for the corporation from the date of the employees' employment by the corporation. A lien under this section is prior to all liens created or acquired after the date of the employment of the employees by the corporation, except as otherwise provided in this chapter.
(b) An employee lien arising from the sale of real estate:
(1) is limited to a lien on the real estate; and
(2) is subject to section 3 of this chapter.
[Pre-2002 Recodification Citation: 32-8-24-1.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 32-28-12-2. Recording Lien; Priority

Sec. 2. (a) This section does not apply to a lien acquired by any person for purchase money.
(b) Any employee wishing to acquire a lien under section 1 of this chapter upon the corporate property of any corporation or the corporation's earnings, whether the employee's claim is due or not, must file, in the recorder's office of the county where the corporation is located or doing business, notice of the employee's intention to hold a lien upon the corporation's property and earnings. The notice must state the following:
(1) The amount of the employee's claim.
(2) The date of the employee's employment.
(3) The name of the corporation.
When a notice required by this section is presented for record, the county recorder shall record the notice in the record required by law for notice of mechanic's liens. The recorder shall charge a fee for recording the notice in an amount specified in IC 36-2-7-10(c)(1). The lien created shall relate to the time when the employee was employed by the corporation or to any subsequent date during the employee's employment, at the election of the employee. The lien has priority over all liens suffered or created after the time elected by the employee, except other employees' liens, over which the lien has no priority.
(c) If:
(1) a person other than an employee acquires a lien upon the corporate property of any corporation located or doing business in Indiana;
(2) the lien, for a period of sixty (60) days, either:
(A) remains a matter of record in the proper place specified in IC 26-1-9.1-501; or
(B) remains otherwise perfected under applicable law; and
(3) no notice of an employee's intention to hold a lien is filed by any employee of the corporation during that period;
the lien described in subdivision (1) has priority over the lien of an employee in the county where the corporation is located or doing business.
[Pre-2002 Recodification Citation: 32-8-24-2.]
As added by P.L.2-2002, SEC.13. Amended by P.L.127-2017, SEC.10.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 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.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 32-28-12-4. Complaint to Enforce Lien

Sec. 4. (a) An employee having acquired a lien under this chapter may enforce the lien by filing a complaint in the circuit or superior court in the county where the lien was acquired at any time within six (6) months after the date of acquiring the lien, or if a credit is given, after the date of the credit.
(b) The court rendering judgment for the claim shall declare the claim a lien upon the corporation's property and order the property sold to pay and satisfy the judgment and costs, as other lands are sold on execution or decree.
(c) In an action brought under this section, the court shall make orders as to the application of the earnings of the corporation that are just and equitable, whether or not the relief is asked for in the complaint.
[Pre-2002 Recodification Citation: 32-8-24-3.]
As added by P.L.2-2002, SEC.13. Amended by P.L.45-2016, SEC.6; P.L.9-2022, SEC.68.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 32-28-12-5. Parties; Consolidation of Actions; Insufficient Proceeds of Sale

Sec. 5. (a) In an action brought under this chapter, all persons whose liens are recorded under section 2 of this chapter may be made parties to the action. Issues shall be made up and trials had as in other cases.
(b) The court may, when several actions are pending by different claimants to enforce liens under this chapter, order that the cases be consolidated. If the proceeds of the sale of the corporation's property or the corporation's earnings are insufficient to pay and satisfy the claimants in full, the court shall order the claimants to be paid in proportion to the amount due each, and the sale shall be made without prejudice to the rights of any prior encumbrances, owner, or other persons not parties to the action.
[Pre-2002 Recodification Citation: 32-8-24-4.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 32-28-12-6. Undertaking of Defendant

Sec. 6. In a proceeding commenced under this chapter, a defendant may file a written undertaking, with surety to be approved by the court, in the exercise of sound discretion, to the effect that the defendant will pay the judgments that may be recovered, and costs. An undertaking under this section releases the defendant's property from the liens created under this chapter.
[Pre-2002 Recodification Citation: 32-8-24-5.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12. Corporate Employees' Liens › 32-28-12-7. Enforcement of Mechanic's Liens; Application of Law

Sec. 7. In all cases not specially provided for in this chapter, the law, rules, practice, and pleadings in force in reference to the enforcement of mechanic's liens apply to suits commenced under this chapter.
[Pre-2002 Recodification Citation: 32-8-24-6.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12.5. Commercial Real Estate Broker Liens › 32-28-12.5-0.5. "Broker Company"

Sec. 0.5. As used in this chapter, "broker company" has the meaning set forth in IC 25-34.1-1-2.
As added by P.L.116-2015, SEC.22.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12.5. Commercial Real Estate Broker Liens › 32-28-12.5-1. "Commercial Real Estate"

Sec. 1. As used in this chapter, "commercial real estate" means any real estate other than:
(1) real estate containing one (1) to four (4) residential units;
(2) real estate on which no buildings or structures are located and that is zoned for single family residential use; or
(3) single family residential units such as:
(A) condominiums;
(B) townhouses; or
(C) homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even if those units are part of a larger building or parcel or real estate containing more than four (4) residential units.
As added by P.L.78-2006, SEC.1.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12.5. Commercial Real Estate Broker Liens › 32-28-12.5-2. "Fees or Commissions"

Sec. 2. As used in this chapter, "fees or commissions" means compensation owed to a broker company for performing services requiring a license under IC 25-34.1-3-2.
As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.49; P.L.116-2015, SEC.23.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12.5. Commercial Real Estate Broker Liens › 32-28-12.5-3. "Managing Broker"

Sec. 3. As used in this chapter, "managing broker" has the meaning set forth in IC 25-34.1-1-2.
As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.50.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12.5. Commercial Real Estate Broker Liens › 32-28-12.5-4. "Real Estate"

Sec. 4. As used in this chapter, "real estate" has the meaning set forth in IC 25-34.1-1-2.
As added by P.L.78-2006, SEC.1.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 12.5. Commercial Real Estate Broker Liens › 32-28-12.5-5. Broker Company Lien on Commercial Real Estate; Fees Due Under Written Agreement, Contract, or Instrument

Sec. 5. A broker company may have a lien upon commercial real estate, or any interest in commercial real estate, that is the subject of a purchase, a lease, or other conveyance to a buyer or tenant, in the amount that the broker company is due for licensed services, including brokerage fees, consulting fees, and management fees due the broker company under a written agreement, a contract, or another written instrument:
(1) signed by:
(A) the owner of an interest in the commercial real estate or by the owner's authorized agent; or
(B) a prospective buyer or prospective tenant, or by the buyer's or tenant's authorized agent; and
(2) entered into after June 30, 2006.
A lien under this chapter is available to the broker company named in the written agreement, contract, or other written instrument signed by the owner, buyer, or tenant, or their respective agents, and not to an employee or independent contractor of the broker company.
As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.51; P.L.116-2015, SEC.24.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 13. Common Law Liens › 32-28-13-5. Statement of Intention to Hold Common Law Lien

Sec. 5. (a) A person who wishes to record a common law lien must file with the county recorder of a county in which the real or personal property against which the common law lien is to be held is located a statement of the person's intention to hold a common law lien against the real or personal property. The statement must be recorded not later than sixty (60) days after the date of the last service provided by the person who wishes to record the lien.
(b) A statement of intention to hold a common law lien must meet all of the following requirements:
(1) Except as provided in subsection (d), the person filing the statement must swear or affirm that the facts contained in the statement are true to the best of the person's knowledge.
(2) The statement must be filed in duplicate.
(3) The statement must set forth all of the following:
(A) That if the property owner is a public official or public employee who has filed a written notice in accordance with section 6.5 of this chapter, the common law lien is void thirty (30) days after filing the written notice if the suit has not been commenced.
(B) The amount claimed to be owed by the property owner to the lienholder.
(C) The name and address of the lienholder.
(D) The name of the property owner.
(E) The last address of the property owner as shown on the property tax records of the county.
(F) The legal description and street and number, if any, of the real property against which the common law lien is filed.
(G) A full description of the personal property against which the common law lien is filed, including the location of the personal property.
(H) The legal basis upon which the person asserts the right to hold the common law lien.
(c) The recorder shall send by first class mail one (1) of the duplicate statements filed under subsection (b) to the property owner at the address listed in the statement within three (3) business days after the statement is recorded. The county recorder shall record the date the statement is mailed to the property owner under this subsection. The county recorder shall collect a fee of two dollars ($2) from the lienholder for each statement that is mailed under this subsection.
(d) The statement of intention to hold a common law lien required under subsection (b) may be verified and filed on behalf of a client by an attorney registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court.
[Pre-2002 Recodification Citation: 32-8-39-3.]
As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.2; P.L.191-2015, SEC.7.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 13. Common Law Liens › 32-28-13-6. Notice to Lienholder to Commence Suit; Voiding Common Law Lien

Sec. 6. (a) A property owner who is not a public official or public employee may send to the lienholder a notice requiring the lienholder to commence suit on the common law lien. The notice to commence suit must be made by first class mail to the lienholder at the address given in the lienholder's statement filed under section 5 of this chapter.
(b) If the lienholder fails to commence suit within thirty (30) days after the postmark date of the notice to commence suit received by the lienholder, the common law lien is void. To release the common law lien from the real or personal property, the property owner must comply with the requirements of section 7 of this chapter.
(c) The lienholder shall notify the county recorder in writing of:
(1) the lienholder's commencement of a suit; or
(2) the lienholder's intention not to commence suit.
[Pre-2002 Recodification Citation: 32-8-39-4.]
As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.8.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 13. Common Law Liens › 32-28-13-6.5. Property Owner Who Is a Public Official or Public Employee

Sec. 6.5. (a) If a property owner who is a public official or public employee receives a statement of intention to hold a common law lien under section 5 of this chapter, the property owner may provide written notice to the county recorder swearing and affirming that the property owner is a public official or public employee.
(b) Not later than three (3) business days after receiving a property owner's written notice, the county recorder shall send to the lienholder the following:
(1) A copy of the property owner's written notice.
(2) A statement that if the lienholder fails to commence suit on the common law lien within thirty (30) days after the postmark date of the county recorder's notice under this subsection, the common law lien is void.
The county recorder shall send a copy of the county recorder's written notice to the property owner. The county recorder's notice to the lienholder must be made by first class mail to the lienholder at the address given in the lienholder's statement filed under section 5 of this chapter. The county recorder shall record the date the statement is mailed to the lienholder under this section.
(c) The lienholder shall notify the county recorder in writing of:
(1) the lienholder's commencement of a suit; or
(2) the lienholder's intention not to commence suit.
As added by P.L.191-2015, SEC.9.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 13. Common Law Liens › 32-28-13-7. Affidavit of Service of Notice to Commence Suit; Release of Property and Expunging Record; Fee

Sec. 7. (a) If a lienholder fails to commence suit after notice to commence suit is sent under section 6 of this chapter, a property owner may file an affidavit of service of notice to commence suit with the recorder of the county in which the statement of intention to hold a common law lien was recorded. The affidavit must:
(1) include:
(A) the date the notice to commence suit was mailed to the lienholder;
(B) a statement that at least thirty (30) days have elapsed from the date the notice to commence suit was mailed to the lienholder;
(C) a statement that a suit for foreclosure of the common law lien has not been filed and is not pending;
(D) a statement that an unsatisfied judgment has not been rendered on the common law lien; and
(E) a cross-reference specifying the record of the county recorder containing the statement of intention to hold a common law lien; and
(2) have attached to it a copy of the notice to commence suit that was sent to the lienholder under section 6 of this chapter. the
(b) The real or personal property against which the lien has been filed is released from the common law lien when the county recorder:
(1) records the affidavit of service of notice to commence suit in the miscellaneous record book of the recorder's office; and
(2) certifies in the county recorder's records that the lien is released.
(c) The county recorder shall collect a fee for filing the affidavit of service of notice to commence suit under the fee schedule established in IC 36-2-7-10.
[Pre-2002 Recodification Citation: 32-8-39-5.]
As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.10.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 13. Common Law Liens › 32-28-13-8. Certificate of Satisfaction

Sec. 8. (a) When a common law lien recorded under this chapter has been satisfied, the lienholder shall record a certificate of satisfaction with the recorder of the county in which the statement of intention to hold a common law lien was recorded. The certificate must specify the record of the county recorder that contains the statement of intention to hold a common law lien filed by the lienholder under section 5 of this chapter.
(b) The certificate of satisfaction recorded under this section must discharge and release the property owner from the common law lien and bar all suits and actions on the lien.
(c) The recorder shall collect a fee for recording a certificate of satisfaction under this section in accordance with the fee schedule established in IC 36-2-7-10.
[Pre-2002 Recodification Citation: 32-8-39-5.5.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 13. Common Law Liens › 32-28-13-9. Civil Actions Against Lienholder

Sec. 9. A person who is injured by a common law lien that is recorded under section 5 of this chapter may bring a civil action against the lienholder for:
(1) actual damages;
(2) costs; and
(3) reasonable attorney's fees.
[Pre-2002 Recodification Citation: 32-8-39-6.]
As added by P.L.2-2002, SEC.13.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-1. "Common Expenses"

Sec. 1. As used in this chapter, "common expenses" means:
(1) all sums lawfully assessed against a subdivision by a homeowners association;
(2) expenses of:
(A) administration;
(B) maintenance;
(C) repair; or
(D) replacement;
of subdivision common areas and facilities;
(3) expenses agreed upon as common expenses by a homeowners association; and
(4) expenses declared common expenses by the bylaws or another written instrument of a homeowners association.
As added by P.L.135-2007, SEC.3.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-2. "Homeowners Association"

Sec. 2. As used in this chapter, "homeowners association" means all the owners of real estate in a subdivision acting as an entity in accordance with any:
(1) bylaws;
(2) covenants; or
(3) other written instruments;
of the homeowners association.
As added by P.L.135-2007, SEC.3.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-4. "Subdivision"

Sec. 4. As used in this chapter, "subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by a legislative body under IC 36-7-4.
As added by P.L.135-2007, SEC.3.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-5. Homeowners Association Lien; Notice of Lien Requirements

Sec. 5. (a) All sums assessed by a homeowners association but unpaid for the share of the common expenses chargeable to an owner of real estate in a subdivision constitute a homeowners association lien on the real estate effective as provided in section 6 of this chapter.
(b) The priority of a homeowners association lien is established on the date the notice of the lien is recorded under section 6 of this chapter.
(c) A notice of lien may not be recorded under subsection (a) unless the notice of lien:
(1) contains:
(A) the name and address of the homeowners association;
(B) the address and legal description of the property that is subject to the lien;
(C) the name of the owner of the property that is subject to the lien; and
(D) the amount of the lien; and
(2) is:
(A) signed by an officer of the homeowners association; and
(B) acknowledged as in the case of deeds.
As added by P.L.135-2007, SEC.3.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-6. Lien Attaches Upon Recording of Notice of Lien

Sec. 6. (a) A homeowners association lien under this chapter attaches to real estate upon the recording of a notice of lien by the homeowners association in the office of the recorder of the county in which the real estate is located.
(b) A homeowners association lien under this chapter attaches on the date of the recording of the notice of the lien under subsection (a) and does not relate back to:
(1) a date specified in the bylaws, the covenants, or another written instrument of the homeowners association; or
(2) the date the common expenses were assessed.
As added by P.L.135-2007, SEC.3.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-7. Liability for Unpaid Assessment

Sec. 7. (a) Except as provided in subsection (b), in a voluntary conveyance, the grantee of real estate is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses incurred before the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts of common expenses paid by the grantee.
(b) The grantee:
(1) is entitled to a statement from the manager, board of directors, or other governing authority of the homeowners association that sets forth the amount of the unpaid assessments against the grantor; and
(2) is not liable for, and the real estate conveyed is not subject to a homeowners association lien for, any unpaid assessments against the grantor unless the lien for unpaid assessments is recorded under section 6 of this chapter before recording the deed by which the grantee takes title.
(c) If the mortgagee of a first mortgage of record or other purchaser of real estate obtains title to the real estate as a result of foreclosure of the first mortgage, the acquirer of title or the acquirer's successors and assigns are not liable for the share of the common expenses or assessments by the homeowners association chargeable to the real estate that became due before the acquisition of title to real estate by the acquirer. The unpaid share of common expenses or assessments is considered to be common expenses collectible from all of the owners of real estate in the subdivision, including the acquirer or the acquirer's successors and assigns.
As added by P.L.135-2007, SEC.3.
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-8. Time Limit for Enforcing Lien

Sec. 8. (a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint:
(1) may not be filed earlier than ninety (90) days, unless:
(A) another person files a foreclosure action on the property that is the subject of the lien; or
(B) a person files written notice to file an action to foreclose the lien under section 9(a)(1) of this chapter; and
(2) must be filed not later than five (5) years;
after the date the statement and notice of intention to hold a lien was recorded under section 6 of this chapter.
(b) If a lien is not enforced within the time set forth in subsection (a), the lien is void.
(c) If a lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the real estate subject to the lien.
As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.3; P.L.99-2011, SEC.4; P.L.45-2016, SEC.7.