§ 32-28-13-7 — Affidavit of service of notice to commence suit; release of property and expunging record; fee

Indiana § 32-28-13-7

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 13: Common Law Liens

Text

(a) If a lienholder fails to commence suit after
notice to commence suit is sent under section 6 of this chapter, a
property owner may file an affidavit of service of notice to commence
suit with the recorder of the county in which the statement of intention
to hold a common law lien was recorded. The affidavit must:
(1) include:
(A) the date the notice to commence suit was mailed to the
lienholder;
(B) a statement that at least thirty (30) days have elapsed from
the date the notice to commence suit was mailed to the
lienholder;
(C) a statement that a suit for foreclosure of the common law
lien has not been filed and is not pending;
(D) a statement that an unsatisfied judgment has not been
rendered on the common law lien; and
(E) a cross-reference specifying the record of the county
recorder containing the statement of intention to hold a
common law lien; and
(2) have attached to it a copy of the notice to commence suit that
was sent to the lienholder under section 6 of this chapter. the
(b) The real or personal property against which the lien has been
filed is released from the common law lien when the county recorder:
(1) records the affidavit of service of notice to commence suit in
the miscellaneous record book of the recorder's office; and
(2) certifies in the county recorder's records that the lien is
released.
(c) The county recorder shall collect a fee for filing the affidavit of
service of notice to commence suit under the fee schedule established
in IC 36-2-7-10.
[Pre-2002 Recodification Citation: 32-8-39-5.]

Legislative History

As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.10.