Suit to enforce certain liens; required written notice
Sec. 3. (a) This section applies to a person who commences a suit:
(1) in any court of Indiana or in a district court of the United
States sitting in Indiana;
(2) by complaint as plaintiff or by cross-complaint as defendant;
and
(3) to enforce any lien upon, right to, or interest in any real
estate upon any claim not founded upon:
(A) an instrument executed by the party having the legal title
to the real estate, as appears from the proper records of the
county, and recorded as required by law; or
(B) a judgment of record in the county in which the real
estate is located, against the party having the legal title to the
real estate, as appears from the proper records.
(b) The person shall file, with the clerk of the circuit court in each
county where the real estate sought to be affected is located, a
written notice containing:
(1) the title of the court;
(2) the names of all the parties to the suit;
(3) a description of the real estate to be affected; and
(4) the nature of the lien, right, or interest sought to be enforced
against the real estate.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006