Section 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.
Amended by P.L. 127-2017,SEC. 11, eff. 7/1/2017.As added by P.L. 2-2002, SEC.13.