Indiana Code
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.

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