§ 32-28-3-10 — Property owner's notice to lienholder to file action to foreclose the lien; lienholder's failure to file; recording of owner's affidavit; release from lien

Indiana § 32-28-3-10

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 3: Mechanic's Liens

Text

(a) A lien is void if both of the following
occur:
(1) The owner of property subject to a mechanic's lien or any
person or corporation having an interest in the property, 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 property is located not
later than thirty (30) days after receiving the notice.
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 lienholder 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 thirty (30) days have passed since the notice
was received by the lienholder.
(3) That no action for foreclosure of the lien is pending.
(4) That no unsatisfied judgment has been rendered on the lien.
(c) The recorder shall:
(1) record the affidavit of service in the miscellaneous record
book of the recorder's office; and
(2) certify by cross reference to the record any lien that is fully
released.
When the recorder records the affidavit and certifies by cross reference
the record under this subsection, the real estate described in the lien is
released from the lien.
[Pre-2002 Recodification Citation: 32-8-3-10.]

Legislative History

As added by P.L.2-2002, SEC.13. Amended by P.L.196-2019, SEC.2.