| 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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