§ 32-28-4-3 — Record silent as to when debt due; affidavit stating when debt is due; time for filing; effect of filing on lien duration and limitation of actions

Indiana § 32-28-4-3

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 4: Foreclosure and Expiration of a Mortgage or Vendor's

Text

(a) If the record of a mortgage or vendor's lien
to which this chapter applies does not show the time when the debt or
the last installment of the debt secured by the mortgage or vendor's lien
becomes due:
(1) the original mortgagee;
(2) the owner of the mortgage; or
(3) the owner of a vendor's lien;
may file an affidavit with the recorder of the county where the
mortgage or vendor's lien is recorded, stating when the debt becomes
due.
(b) An affidavit must be filed under this section not later than the
following:
(1) If the mortgage or vendor's lien was created before July 1,
2012, not later than twenty (20) years after:
(A) the date on which the mortgage or vendor's lien was
executed; or
(B) if the mortgage or vendor's lien does not contain the date on
which the mortgage or vendor's lien was executed, the date on
which the mortgage or vendor's lien was recorded.
(2) If the mortgage or vendor's lien was created after June 30,
2012, ten (10) years after the date of execution of the mortgage or
vendor's lien, or, if the mortgage or vendor's lien contains no date
of execution, not later than ten (10) years from the date the
mortgage or vendor's lien was recorded.
Upon the filing of the affidavit, the recorder shall note in the record of
the mortgage or vendor's lien that an affidavit has been filed, showing
the location where the affidavit is recorded.
(c) The filing of an affidavit under subsection (a) has the same effect
with respect to the duration of the mortgage or vendor's lien described
in the affidavit and with respect to the time within which an action may
be brought to foreclose the mortgage or vendor's lien as though the time
of maturity of the debt or the last installment of the debt secured by the
mortgage or vendor's lien had been stated in the mortgage or vendor's
lien when recorded. The affidavit is prima facie evidence of the truth
of the averments contained in the affidavit.
(d) A mortgage or vendor's lien on the real estate described in the
affidavit expires as follows:
(1) If the mortgage or vendor's lien was created before July 1,
2012, twenty (20) years after the date on which the debt or the last
installment of the debt secured by the mortgage or vendor's lien
becomes due, as shown by the affidavit.
(2) If the mortgage or vendor's lien was created after June 30,
2012, ten (10) years after the time when the debt or the last
installment of the debt secured by the mortgage or vendor's lien
becomes due, as shown by the affidavit.
Upon the expiration of a mortgage or vendor's lien as described in this
section and at the request of the real estate owner, the recorder of the
county in which the affidavit is recorded shall certify by cross reference
to the record of the mortgage or vendor's lien that the mortgage or
vendor's lien is fully paid and satisfied by lapse of time and that the real
estate is released from the mortgage or vendor's lien.
(e) The recorder shall charge a fee for filing the affidavit in
accordance with the fee schedule established in IC 36-2-7-10.
[Pre-2002 Recodification Citation: 32-8-4-3.]

Legislative History

As added by P.L.2-2002, SEC.13. Amended by P.L.130-2012, SEC.3; P.L.18-2013, SEC.3; P.L.196-2019, SEC.4.