§ 34-28-10 - Complaint to enforce lien – Lis pendens notice.
SECTION 34-28-10
§ 34-28-10 Complaint to enforce lien– Lis pendens notice. – (a) Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3,or 34-28-7 regardless of the mailing and filing of a notice of intention under§ 34-28-4 or any exemption therefrom, shall be void and wholly lost to anyperson claiming a lien under those sections, unless the person shall file acomplaint to enforce the lien, described in § 34-28-13, in the superiorcourt for the county in which is situated the land upon which the building,canal, turnpike, railroad, or other improvement is being or has beenconstructed, erected, altered, or repaired, and unless such person shall alsofile in the records of land evidence in the city or town in which such land islocated a notice of lis pendens, described in § 34-28-11, the complaint tobe filed on the same day as the notice of lis pendens, or within seven (7) daysthereafter, and both the complaint and the notice of lis pendens to be filedwithin forty (40) days of the date of the recording of the notice of intentionprovided in § 34-28-4 and § 34-28-7. The lien of any person under§ 34-28-1, 34-28-2, 34-28-3 or 34-28-7 who fails to file a complaint andnotice of lis pendens under this section within the required forty (40) dayperiod, shall be void and wholly lost as to work done or materials furnishedprior to the two hundred (200) day period, regardless of the fact that theperson may thereafter do other work or furnish other materials in the course ofthe same construction, erection, alteration, or reparation.
(b) The power of sale contained in a mortgage on any realproperty subject to a lien created by this chapter shall not be effected by thefiling of a notice of lien as provided in § 34-28-4 and § 34-28-7,provided, however, the power of sale shall be suspended by the filing of acomplaint to enforce as provided in this section and the power of sale shallonly be exercised thereafter in accordance with the provisions of §34-28-16.1.