Indiana Statutes
§ 32-28-3-11 — Undertaking to pay judgment and cost
(a)In an action to foreclose a lien:
(1)the defendant or owner of the property subject to the lien; or
(2)any person having an interest in the property subject to the
lien, including a mortgagee or other lienholder;
may file in the action a written undertaking with surety to be approved
by the court.
(b)An undertaking filed under this section must provide that the
person filing it will pay any judgment that may be recovered in the
action to foreclose the lien, including costs and attorney's fees allowed
by the court, if the claim on which the judgment is founded is found by
the court to have been a lien on the property at the time the action was
filed.
(c)If an undertaking is filed and approved by the court:
(1)the court shall enter an order releasing the property from the
lien; and
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Related
Bailey v. Holliday
806 N.E.2d 6 (Indiana Court of Appeals, 2004)
Goodrich Quality Theaters, Inc., and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., and Johnson Carpet, Inc.
39 N.E.3d 660 (Indiana Supreme Court, 2015)
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc.
23 N.E.3d 28 (Indiana Court of Appeals, 2014)
James F. Glass v. CPG Partners, LP, JDR Fixtures, Inc., Under Armour Premium Outlet, KP Sullivan Builders, Inc. (mem. dec.)
(Indiana Court of Appeals, 2019)
Legislative History
As added by P.L.2-2002, SEC.13.
Nearby Sections
15
§ 32-16-1-1
"Prior property law"§ 32-16-1-2
Purpose of recodification§ 32-16-1-3
Statutory construction of recodification§ 32-16-1-4
Effect of recodification§ 32-16-1-5
Recodification of prior property law§ 32-16-1-6
References to repealed statutes§ 32-16-1-7
References to citations§ 32-16-1-8
References to prior rules§ 32-16-1-9
References to prior property law§ 32-17-1-1
"Grantor"§ 32-17-1-2
Fee simple conveyance§ 32-17-1-3
Estates tail; abolition§ 32-17-1-4
Lineal and collateral warranties; abolition§ 32-17-10-1
Application of chapter