Sec. 2. (a) Except as provided in section 3 of this chapter, if the record of a mortgage or vendor’s lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor’s lien becomes due, the following apply:

(1) If the mortgage or vendor’s lien was created before July 1, 2012, the mortgage or vendor’s lien expires twenty (20) years after the date on which the mortgage or vendor’s lien was executed unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor’s lien was executed.

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Terms Used In Indiana Code 32-28-4-2

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(2) If the mortgage or vendor’s lien was created after June 30, 2012, the mortgage or vendor’s lien expires ten (10) years after the date on which the mortgage or vendor’s lien was executed unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor’s lien was executed.

     (b) If:

(1) the record of a mortgage or vendor’s lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor’s lien becomes due;

(2) the date of execution has been omitted in the mortgage or vendor’s lien; and

(3) the mortgage or vendor’s lien was created before July 1, 2012;

the mortgage or vendor’s lien expires twenty (20) years after the date on which the mortgage or vendor’s lien was recorded unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor’s lien was recorded.

     (c) If:

(1) the record of a mortgage or vendor’s lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor’s lien becomes due;

(2) the date of execution has been omitted in the mortgage or vendor’s lien; and

(3) the mortgage or vendor’s lien was created after June 30, 2012;

the mortgage or vendor’s lien expires ten (10) years after the date on which the mortgage or vendor’s lien was recorded unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor’s lien was recorded.

     (d) Upon the request of the owner of record of real estate encumbered by a mortgage or vendor’s lien that has expired under this section, the recorder of the county in which the real estate is situated shall certify by cross reference to the record that the mortgage or vendor’s lien is fully paid and satisfied by lapse of time, and the real estate is released from the mortgage or vendor’s lien.

[Pre-2002 Recodification Citation: 32-8-4-2.]

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

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