Indiana Code 32-20-4-4. Property owner’s notice to claimant to file action to enforce the claim; claimant’s failure to file; recording of owner’s affidavit; release from claim
(1) The owner of the property subject to the claim or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written notice to the claimant to file an action to enforce the claim.
Terms Used In Indiana Code 32-20-4-4
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
However, this section does not prevent any other claim with respect to the land from being collected or enforced as other claims are collected or enforced by law.
(b) A person who has given notice under subsection (a)(1) by registered or certified mail to the claimant, at the address given by the claimant in the recorded notice of the claim, may file with the recorder of the county in which the property is located an affidavit of service of the notice under subsection (a)(1) to file an action to enforce the claim. The affidavit must state the following:
(1) The facts of the notice under subsection (a)(1).
(2) That more than thirty (30) days have passed since the notice under subsection (a)(1) was received by the claimant.
(3) That no action for enforcement of the claim is pending.
(4) That no unsatisfied judgment has been rendered on the claim.
(5) A reference to the recording information for the notice of claim recorded under sections 1 and 2 of this chapter.
(c) The recorder shall record the affidavit of service in the miscellaneous record book of the recorder’s office, with a reference to the recorded notice of claim identified in the affidavit of service under subsection (b)(5). When the recorder records the affidavit of service with a reference to the notice of claim under this subsection, the land described in the claim is released from the claim.
As added by P.L.196-2019, SEC.1.