§ 12-15-8.5-12 — Conditions under which lien is void

Indiana § 12-15-8.5-12

• Jurisdiction: Indiana
• Art. 15: MEDICAID
• Ch. 8.5: Liens on Real Property of Medicaid Recipients

Text

(a) This section applies:
(1) after the death of a Medicaid recipient whose property; or
(2) upon the sale of property that;
is subject to a lien under this chapter.
(b) A lien under this chapter is void if both of the following occur:
(1) The owner of property subject to a lien under this chapter or
any person or corporation having an interest in the property,
including a mortgagee or a lienholder, provides written notice to
the office to file an action to foreclose the lien.
(2) The office fails to file an action to foreclose the lien in the
county where the property is located not later than sixty (60) days
after receiving the notice.
However, this section does not prevent the claim from being collected
as other claims are collected by law.
(c) A person who gives notice under subsection (b)(1) by registered
or certified mail to the office at the address given in the recorded
statement and notice of intention to hold a lien may file an affidavit of
service of the notice to file an action to foreclose the lien with the
recorder of the county in which the property is located. The affidavit
must state the following:
(1) The facts of the notice.
(2) That more than sixty (60) days have passed since the notice
was received by the office.
(3) That no action for foreclosure of the lien is pending.
(4) That no unsatisfied judgment has been rendered on the lien.
(d) The recorder shall:
(1) record the affidavit of service in the miscellaneous record
book of the recorder's office; and
(2) certify on the face of the record any lien that is fully released.
When the recorder records the affidavit and certifies the record under
this subsection, the real estate described in the lien is released from the
lien.

Legislative History

As added by P.L.224-2003, SEC.77. Amended by P.L.246-2005, SEC.106.