Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 34-49-6
- Commercial real estate: means any real estate other than: (i) Real estate containing one to four (4) residential units; (ii) Real estate on which: (A) No buildings or structures are located; and (B) Which is zoned for single-family residential use; or (iii) Single-family residential units such as condominiums, townhouses, or homes singly or in a subdivision when sold, leased, or otherwise conveyed on a unit by unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four (4) residential units. See Rhode Island General Laws 34-49-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
(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.