Notice to commence suit; affidavit of service
Sec. 10. (a) A lien is void if both of the following occur:
(1) The owner of property subject to a mechanic's lien or any
person or corporation having an interest in the property,
including a mortgagee or a lienholder, provides written notice
to the owner or holder of the lien to file an action to foreclose
the lien.
(2) The owner or holder of the lien fails to file an action to
foreclose the lien in the county where the property is located
not later than thirty (30) days after receiving the notice.
However, this section does not prevent the claim from being
collected as other claims are collected by law.
(b) A person who gives notice under subsection (a)(1) by
registered or certified mail to the lienholder at the address given in
the recorded statement and notice of intention to hold a lien may file
an affidavit of service of the notice to file an action to foreclose the
lien with the recorder of the county in which the property is located.
The affidavit must state the following:
(1) The facts of the notice.
(2) That more than thirty (30) days have passed since the notice
was received by the lienholder.
(3) That no action for foreclosure of the lien is pending.
(4) That no unsatisfied judgment has been rendered on the lien.
(c) The recorder shall:
(1) record the affidavit of service in the miscellaneous record
book of the recorder's office; and
(2) certify on the face of the record any lien that is fully
released.
When the recorder records the affidavit and certifies the record under
this subsection, the real estate described in the lien is released from
the lien.
As added by P.L.2-2002, SEC.13.
Last modified: May 24, 2006