Chapter 021 |
2016 -- H 7486 Enacted 05/19/2016 |
A N A C T |
RELATING TO PROPERTY -- COMMERCIAL REAL ESTATE BROKER LIEN |
Introduced By: Representatives Keable, Winfield, Johnston, Casey, and Morin |
Date Introduced: February 05, 2016 |
It is enacted by the General Assembly as follows: |
SECTION 1. Chapter 34-49 of the General Laws entitled "Commercial Real Estate |
Broker Lien Act" is hereby amended by adding thereto the following sections: |
34-49-6. Dismissal of complaint for other cause. -- (a) If any person of interest, |
including, but not limited to the owner, claims that: |
(1) The notice of lien filed by a real estate broker in the land evidence records that the |
commercial real estate broker lien has not been filed or recorded in accordance with the |
applicable provisions of this chapter; or |
(2) That, for any other reason, a claimed real estate broker lien is invalid by reason or |
failure to comply with the provisions of this chapter, then, in such event, the person of interest |
may apply forthwith to the superior court, in the county where the land lies, for an order to show |
cause why the lien in question is invalid or otherwise void, that the basis of the lien is without |
probability of a judgment rendered in favor of the lienor. A mortgage holder or servicer is not a |
necessary party under this section and shall not be named as a party in any such application or |
order of notice. |
(b) An order of notice to appear and show cause why the relief demanded in the |
complaint should not be granted shall be served upon the necessary parties no later than one week |
prior to the date of the scheduled hearing. If the necessary parties cannot be found, such service |
may be made as the court shall direct. The application shall be made upon a verified complaint |
accompanied by other written proof of facts upon which the application is made. Upon granting |
or denying the application, the court shall enter an order or judgment as applicable on the matter |
involved. |
(c) Nothing herein shall affect the validity of, or otherwise modify or alter, the mortgage |
contract, nor otherwise affect, alter, or modify the mortgage holder's rights under ยง34-28-16.1. |
34-49-7. Severability. -- If any provision of this chapter or the application thereof to any |
person or circumstances is held invalid, such invalidity shall not affect other provisions or |
applications of the chapter, which can be given effect without the invalid provision or |
applications, and to this end the provisions of this chapter are declared to be severable. |
SECTION 2. This act shall take effect upon passage. |
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LC004369 |
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