Indiana Code
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.

Structure Indiana Code

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"

32-28-12.5-1. "Commercial Real Estate"

32-28-12.5-2. "Fees or Commissions"

32-28-12.5-3. "Managing Broker"

32-28-12.5-4. "Real Estate"

32-28-12.5-5. Broker Company Lien on Commercial Real Estate; Fees Due Under Written Agreement, Contract, or Instrument

32-28-12.5-6. When Lien Attaches to Commercial Real Estate

32-28-12.5-7. Sale of Commercial Real Estate; Notice of Closing; Preservation of Right to File Lien; Owner's Certification at Closing

32-28-12.5-8. Installment Payments; Recording Notice of Lien; Single Claim for Lien; Partial Releases

32-28-12.5-9. Lease of Commercial Real Estate; Recording of Notice of Lien; Future Fees or Commissions; Memorandum of Lien; Action to Foreclose; Sale or Conveyance Before Fees Become Due

32-28-12.5-10. Notice of Lien; Service on Owner; Mailing or Personal Service

32-28-12.5-11. Foreclosure of Lien; Procedures; Contents of Complaint

32-28-12.5-12. Notice of Lien; Contents; Signature; Verification

32-28-12.5-13. Release or Satisfaction of Memorandum or Notice of Lien; Demand to Bring Suit or File Answer

32-28-12.5-14. Alternative Dispute Resolution; Forum; Judgment; Stay of Foreclosure Proceeding

32-28-12.5-15. Cost of Proceedings; Apportionment

32-28-12.5-16. Waiver of Right to Lien Void

32-28-12.5-17. Prior Recorded Liens, Mortgages, and Encumbrances; Priority

32-28-12.5-18. Lien on Funds in Escrow Account

32-28-12.5-19. Owner Not Providing Required Notice or Certification at Closing; Civil Action; Damages; Defenses