§ 32-30-11-3 — Suit to enforce certain liens; required written notice

Indiana § 32-30-11-3

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 11: Lis Pendens

Text

(a) This section applies to a person who
commences a suit:
(1) in any court of Indiana or in a district court of the United
States sitting in Indiana;
(2) by complaint as plaintiff or by cross-complaint as defendant;
and
(3) to enforce any lien upon, right to, or interest in any real estate
upon any claim not founded upon:
(A) an instrument executed by the party having the legal title to
the real estate, as appears from the proper records of the county,
and recorded as required by law; or
(B) a judgment of record in the county in which the real estate
is located, against the party having the legal title to the real
estate, as appears from the proper records.
(b) The person shall file, with the clerk of the circuit court in each
county where the real estate sought to be affected is located, a written
notice containing:
(1) the title of the court;
(2) the names of all the parties to the suit;
(3) a description of the real estate to be affected; and
(4) the nature of the lien, right, or interest sought to be enforced
against the real estate.
[Pre-2002 Recodification Citation: 34-34-1-3.]

Legislative History

As added by P.L.2-2002, SEC.15.