Affidavit of service of notice to commence suit; release of property
and expunging record; fee
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:
(A) the date the notice to commence suit was received by the
lienholder;
(B) a statement that at least thirty (30) days have elapsed
from the date the notice to commence suit was received by
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:
(A) the notice to commence suit that was sent to the
lienholder under section 6 of this chapter; and
(B) the return receipt of the notice to commence suit.
(b) The 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.
As added by P.L.2-2002, SEC.13.
Last modified: May 24, 2006