TITLE 34
Property

CHAPTER 34-49
Commercial Real Estate Broker Lien Act

SECTION 34-49-6


§ 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 § 34-28-16.1.

History of Section.
(P.L. 2016, ch. 19, § 1; P.L. 2016, ch. 21, § 1.)