§ 36-2-11-25 — Federal liens; notice; filing; certificate of discharge; recording; exemption from redaction requirements

Indiana § 36-2-11-25

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 2: GOVERNMENT OF COUNTIES GENERALLY
• Ch. 11: County Recorder

Text

(a) This section applies to:
(1) a lien arising under Section 107 of the Comprehensive
Environmental Response, Compensation and Liability Act, 42
U.S.C. 9601 et seq. (commonly known as the Superfund Law);
and
(2) any other federal lien on real property or any federal tax lien
on personal property provided for in the statutes or regulations of
the United States.
In order for a lien covered by this section to be perfected, notice of the
lien must be filed in the office of the recorder of the county in which
the real or personal property subject to the lien is located.
(b) When a notice of a lien covered by this section is presented to
the recorder for filing, the recorder shall enter it appropriately in the
entry book and in the miscellaneous record. The entries made under
this subsection must show the date of filing, the book and page number
or instrument number, the name of the person named in the notice, a
legal description of the property, if appropriate, and any serial number
or other identifying number given in the notice.
(c) When a certificate of discharge of a federal lien covered by this
section is issued by the proper officer and presented for filing in the
office of the recorder of the county where the notice of lien was filed,
the recorder shall record the certificate of discharge as a release of the
lien. However, to be recorded under this subsection, the certificate
must refer to the recorder's book and page number or instrument
number under which the lien was recorded.
(d) When recording a release of a lien under subsection (c), the
recorder shall inscribe, in the margin of each entry made to record the
lien under subsection (a), a reference to the place where the release is
recorded.
(e) Upon the recording of the certificate of discharge as a release
under subsection (c) and the inscribing of the references to the release
under subsection (d), a certificate of discharge of a lien covered by this
section operates as a full discharge and satisfaction of the lien, unless
the references to the release inscribed under subsection (d) specifically
note the release as a partial lien release.
(f) A federal lien on real property and a federal tax lien on personal
property are not subject to the:
(1) requirement to redact Social Security numbers as described in
IC 36-2-7.5-1.5; or
(2) requirements to include statements in a recorded or filed
instrument as described in section 15(c) and 15(d) of this chapter.

Legislative History

As added by P.L.338-1987, SEC.1. Amended by P.L.256-1993, SEC.1; P.L.171-2006, SEC.22.