(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 mailed to the lienholder;(B) a statement that at least thirty (30) days have elapsed from the date the notice to commence suit was mailed to 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 the notice to commence suit that was sent to the lienholder under section 6 of this chapter. the(b) The real or personal 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 er. the(b) The real or personal 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.[Pre-2002 Recodification Citation: 32-8-39-5.]As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.10.
Indiana Legal Code