2015 Indiana Code TITLE 32. PROPERTY ARTICLE 28. LIENS ON REAL PROPERTY CHAPTER 7. MECHANIC'S LIENS AND LIENS ON PUBLIC IMPROVEMENTS; FORECLOSURES AND EXPIRATION
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IC 32-28-7
Chapter 7. Mechanic's Liens and Liens on Public
Improvements; Foreclosures and Expiration
IC 32-28-7-1
Actions to foreclose or enforce
Sec. 1. An action may not be brought or maintained in Indiana to
foreclose or enforce a mechanic's lien filed under Indiana law when
the debt secured by the lien, as shown by the record of the lien, has
been due more than one (1) year. If the record of the lien does not
show when the debt secured by the lien became due, an action to
foreclose or enforce the lien may not be brought or maintained in
Indiana more than one (1) year after the filing date of the lien.
As added by P.L.2-2002, SEC.13.
IC 32-28-7-2
Record; notice of lien
Sec. 2. A mechanic's lien filed under Indiana law expires one (1)
year after the debt secured by the lien becomes due, as shown by the
record of the lien. If the record of the mechanic's lien does not show
when the debt secured by the lien becomes due, the mechanic's lien
expires one (1) year after the filing date of the lien.
As added by P.L.2-2002, SEC.13.
IC 32-28-7-3
Public improvement assessments; expiration of liens
Sec. 3. (a) Except as provided in subsection (b), the lien of an
assessment for a:
(1) street;
(2) sewer;
(3) sidewalk;
(4) ditch; or
(5) other public improvement;
expires five (5) years after the assessment (including any installment
payments) is due and payable, as shown by the record creating the
lien.
(b) If an assessment is payable in installments, an action to enforce
the lien may be brought within fifteen (15) years after the date of the
approval of the record creating the lien. After the expiration of this
time period, upon the request of the owner of record of the
encumbered real estate, the custodian of the record evidencing the
lien, in the jurisdiction in which the real estate is situated, shall
certify on the record that the lien of the assessment for street, sewer,
sidewalk, ditch, or other public improvement is satisfied and released
by lapse of time and that the encumbered real estate is released from
the lien.
As added by P.L.2-2002, SEC.13.
Indiana Code 2015
IC 32-28-7-4
Action to foreclose or enforce liens
Sec. 4. If an action to enforce a lien to which this chapter applies
was commenced in Indiana before the lien expired, the lien as it
existed at the time the action commenced may be enforced.
As added by P.L.2-2002, SEC.13.
Indiana Code 2015
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