Indiana § 32-20-4-4 Property owner's notice to claimant to file action to enforce the claim;
claimant's failure to file; recording of owner's affidavit; release from
claim

Indiana Statutes

§ 32-20-4-4 — Property owner's notice to claimant to file action to enforce the claim; claimant's failure to file; recording of owner's affidavit; release from claim

Indiana § 32-20-4-4

Title 32PROPERTY

Art. 20MARKETABLE TITLE FOR REAL PROPERTY

Ch. 4Notice of Claim

This text of Indiana § 32-20-4-4 (Property owner's notice to claimant to file action to enforce the claim; claimant's failure to file; recording of owner's affidavit; release from claim) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-20-4-4 (2026).

Text

(a)A claim for an interest in land filed under this chapter is void if both of the following occur:

(1)The owner of the property subject to the claim or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written notice to the claimant to file an action to enforce the claim.

(2)The claimant fails to file an action to enforce the claim in the county where the property is located not later than thirty (30) days after receiving the notice described in subdivision (1). However, this section does not prevent any other claim with respect to the land from being collected or enforced as other claims are collected or enforced by law.

(b)A person who has given notice under subsection (a)(1) by registered or certified mail to the claimant,

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(a) A claim for an interest in land filed under
this chapter is void if both of the following occur:
(1) The owner of the property subject to the claim or any person
or corporation having an interest in the property, including a
mortgagee or a lienholder, provides written notice to the claimant
to file an action to enforce the claim.
(2) The claimant fails to file an action to enforce the claim in the
county where the property is located not later than thirty (30) days
after receiving the notice described in subdivision (1).
However, this section does not prevent any other claim with respect to
the land from being collected or enforced as other claims are collected
or enforced by law.
(b) A person who has given notice under subsection (a)(1) by
registered or certified mail to the claimant, at the address given by the
claimant in the recorded notice of the claim, may file with the recorder
of the county in which the property is located an affidavit of service of
the notice under subsection (a)(1) to file an action to enforce the claim.
The affidavit must state the following:
(1) The facts of the notice under subsection (a)(1).
(2) That more than thirty (30) days have passed since the notice
under subsection (a)(1) was received by the claimant.
(3) That no action for enforcement of the claim is pending.
(4) That no unsatisfied judgment has been rendered on the claim.
(5) A reference to the recording information for the notice of
claim recorded under sections 1 and 2 of this chapter.
(c) The recorder shall record the affidavit of service in the
miscellaneous record book of the recorder's office, with a reference to
the recorded notice of claim identified in the affidavit of service under
subsection (b)(5). When the recorder records the affidavit of service
with a reference to the notice of claim under this subsection, the land
described in the claim is released from the claim.