§ 32-28-14-9 — Voiding of lien for failure to foreclose

(a) A homeowners association lien under this
chapter is void if both of the following occur:
(1) The owner of the real estate subject to the homeowners
association lien or any person or corporation having an interest in
the real estate, including a mortgagee or a lienholder, provides
written notice to the owner or holder of the lien to file an action
to foreclose the lien.
(2) The owner or holder of the lien fails to file an action to
foreclose the lien in the county where the real estate is located
within one (1) year after the date the owner or holder of the lien
received the notice described in subdivision (1).
However, this section does not prevent the claim from being collected
as other claims are collected by law.
(b) A person who gives notice under subsection (a)(1) by registered
or certified mail to the owner or holder of the homeowners association
lien at the address given in the recorded statement 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 real estate is located. The affidavit
must state the following:
(1) The facts of the notice.
(2) That more than one (1) year has passed since the notice was
received by the owner or holder of the lien.
(3) That an action for foreclosure of the lien is not pending.
(4) That an unsatisfied judgment has not been rendered on the
lien.
(c) The recorder shall record the affidavit of service in the
miscellaneous record book of the recorder's office. When the recorder
records the affidavit under this subsection, the real estate described in
the homeowners association lien is released from the lien.
(d) An affidavit recorded under subsection (c) must cross reference
the lien.

Legislative History

As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.4.