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.
Structure Indiana Code
Article 28. Liens on Real Property
Chapter 12. Corporate Employees' Liens
32-28-12-0.2. Application of Certain Amendments to Prior Law
32-28-12-1. Work and Labor; Priority
32-28-12-2. Recording Lien; Priority
32-28-12-3. Real Estate Sale Commission Claims; Filing Notice; Priority
32-28-12-4. Complaint to Enforce Lien
32-28-12-5. Parties; Consolidation of Actions; Insufficient Proceeds of Sale
32-28-12-6. Undertaking of Defendant
32-28-12-7. Enforcement of Mechanic's Liens; Application of Law