Sec. 8. (a) When any person files an application for an order directing payment from the real estate recovery fund, the commission shall promptly review and consider the application, and it may issue an order directing payment out of the real estate recovery fund, as provided in section 9 of this chapter, subject to the limitation of section 4 of this chapter, if the commission finds:

(1) that there is no collusion between the judgment creditor and the judgment debtor;

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Terms Used In Indiana Code 25-34.1-7-8

  • Commission: means the Indiana real estate commission. See Indiana Code 25-34.1-1-2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • License: means a broker license issued under this article and which is not expired, suspended, or revoked. See Indiana Code 25-34.1-1-2
  • Licensee: means a person who holds a license issued under this article. See Indiana Code 25-34.1-1-2
  • Person: means an individual, a partnership, a corporation, or a limited liability company. See Indiana Code 25-34.1-1-2
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real estate: means any right, title, or interest in real property. See Indiana Code 25-34.1-1-2
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) that the judgment creditor is making application not more than one (1) year after the termination of all proceedings in connection with the judgment, including appeals and proceedings supplemental to judgment for collection purposes;

(3) that the judgment creditor has diligently pursued all available creditor’s remedies, including proceedings supplemental, against the licensee who is the subject of the application filed under section 4 of this chapter, against all the judgment debtors, and against all other persons liable to the creditor in the transaction for which the creditor seeks recovery from the real estate recovery fund, but that the diligent pursuit did not result in satisfaction of the judgment;

(4) that the embezzlement of money or property, or the unlawfully obtaining of money or property by false pretenses, use of a device, trickery, or forgery, arose directly out of a transaction that occurred when the judgment debtor was licensed and acted in a capacity for which a license is required under this article and that the transaction occurred after December 31, 1987; and

(5) that, in the event of a default judgment or a judgment entered upon stipulation of the parties, the judgment debtor’s acts constituted embezzlement of money or property, or the unlawful obtaining of money or property by false pretenses, use of a device, trickery, or forgery.

     (b) A person who is dissatisfied by:

(1) an order issued under subsection (a) directing payment out of the real estate recovery fund; or

(2) a denial of an application filed under section 4 of this chapter;

may petition for review under IC 4-21.5-3-7.

As added by P.L.255-1987, SEC.6. Amended by P.L.134-2013, SEC.19.

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