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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