Sec. 7. (a) If a lienholder fails to commence suit after notice to commence suit is sent under section 6 of this chapter, a property owner may file an affidavit of service of notice to commence suit with the recorder of the county in which the statement of intention to hold a common law lien was recorded. The affidavit must:

(1) include:

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Terms Used In Indiana Code 32-28-13-7

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • common law lien: means a lien against real or personal property that is not:

    Indiana Code 32-28-13-1

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • property owner: means the owner of record of real or personal property. See Indiana Code 32-28-13-2
(A) the date the notice to commence suit was mailed to the lienholder;

(B) a statement that at least thirty (30) days have elapsed from the date the notice to commence suit was mailed to the lienholder;

(C) a statement that a suit for foreclosure of the common law lien has not been filed and is not pending;

(D) a statement that an unsatisfied judgment has not been rendered on the common law lien; and

(E) a cross-reference specifying the record of the county recorder containing the statement of intention to hold a common law lien; and

(2) have attached to it a copy of the notice to commence suit that was sent to the lienholder under section 6 of this chapter. the

     (b) The real or personal property against which the lien has been filed is released from the common law lien when the county recorder:

(1) records the affidavit of service of notice to commence suit in the miscellaneous record book of the recorder’s office; and

(2) certifies in the county recorder’s records that the lien is released.

     (c) The county recorder shall collect a fee for filing the affidavit of service of notice to commence suit under the fee schedule established in IC 36-2-7-10.

[Pre-2002 Recodification Citation: 32-8-39-5.]

As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.10.

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