reglab/housing_qa huggingface dataset:
IN Code § 32-28-13-5 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-5. Statement of Intention to Hold Common Law Lien

Sec. 5. (a) A person who wishes to record a common law lien must file with the county recorder of a county in which the real or personal property against which the common law lien is to be held is located a statement of the person's intention to hold a common law lien against the real or personal property. The statement must be recorded not later than sixty (60) days after the date of the last service provided by the person who wishes to record the lien.(b) A statement of intention to hold a common law lien must meet all of the following requirements:(1) Except as provided in subsection (d), the person filing the statement must swear or affirm that the facts contained in the statement are true to the best of the person's knowledge.(2) The statement must be filed in duplicate.(3) The statement must set forth all of the following:(A) That if the property owner is a public official or public employee who has filed a written notice in accordance with section 6.5 of this chapter, the common law lien is void thirty (30) days after filing the written notice if the suit has not been commenced.(B) The amount claimed to be owed by the property owner to the lienholder.(C) The name and address of the lienholder.(D) The name of the property owner.(E) The last address of the property owner as shown on the property tax records of the county.(F) The legal description and street and number, if any, of the real property against which the common law lien is filed.(G) A full description of the personal property against which the common law lien is filed, including the location of the personal property.(H) The legal basis upon which the person asserts the right to hold the common law lien.(c) The recorder shall send by first class mail one (1) of the duplicate statements filed under subsection (b) to the property owner at the address listed in the statement within three (3) business days after the statement is recorded. The county recorder shall record the date the statement is mailed to the property owner under this subsection. The county recorder shall collect a fee of two dollars ($2) from the lienholder for each statement that is mailed under this subsection.(d) The statement of intention to hold a common law lien required under subsection (b) may be verified and filed on behalf of a client by an attorney registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court.[Pre-2002 Recodification Citation: 32-8-39-3.]As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.2; P.L.191-2015, SEC.7.
IN Code § 32-28-13-6 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-6. Notice to Lienholder to Commence Suit; Voiding Common Law Lien

Sec. 6. (a) A property owner who is not a public official or public employee may send to the lienholder a notice requiring the lienholder to commence suit on the common law lien. The notice to commence suit must be made by first class mail to the lienholder at the address given in the lienholder's statement filed under section 5 of this chapter.(b) If the lienholder fails to commence suit within thirty (30) days after the postmark date of the notice to commence suit received by the lienholder, the common law lien is void. To release the common law lien from the real or personal property, the property owner must comply with the requirements of section 7 of this chapter.(c) The lienholder shall notify the county recorder in writing of:(1) the lienholder's commencement of a suit; or(2) the lienholder's intention not to commence suit.[Pre-2002 Recodification Citation: 32-8-39-4.]As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.8.
IN Code § 32-28-13-6.5 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-6.5. Property Owner Who Is a Public Official or Public Employee

Sec. 6.5. (a) If a property owner who is a public official or public employee receives a statement of intention to hold a common law lien under section 5 of this chapter, the property owner may provide written notice to the county recorder swearing and affirming that the property owner is a public official or public employee.(b) Not later than three (3) business days after receiving a property owner's written notice, the county recorder shall send to the lienholder the following:(1) A copy of the property owner's written notice.(2) A statement that if the lienholder fails to commence suit on the common law lien within thirty (30) days after the postmark date of the county recorder's notice under this subsection, the common law lien is void.The county recorder shall send a copy of the county recorder's written notice to the property owner. The county recorder's notice to the lienholder must be made by first class mail to the lienholder at the address given in the lienholder's statement filed under section 5 of this chapter. The county recorder shall record the date the statement is mailed to the lienholder under this section.(c) The lienholder shall notify the county recorder in writing of:(1) the lienholder's commencement of a suit; or(2) the lienholder's intention not to commence suit.As added by P.L.191-2015, SEC.9.
IN Code § 32-28-13-7 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-7. 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 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 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.
IN Code § 32-28-13-8 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-8. Certificate of Satisfaction

Sec. 8. (a) When a common law lien recorded under this chapter has been satisfied, the lienholder shall record a certificate of satisfaction with the recorder of the county in which the statement of intention to hold a common law lien was recorded. The certificate must specify the record of the county recorder that contains the statement of intention to hold a common law lien filed by the lienholder under section 5 of this chapter.(b) The certificate of satisfaction recorded under this section must discharge and release the property owner from the common law lien and bar all suits and actions on the lien.(c) The recorder shall collect a fee for recording a certificate of satisfaction under this section in accordance with the fee schedule established in IC 36-2-7-10.[Pre-2002 Recodification Citation: 32-8-39-5.5.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-13-9 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 13. Common Law Liens|32-28-13-9. Civil Actions Against Lienholder

Sec. 9. A person who is injured by a common law lien that is recorded under section 5 of this chapter may bring a civil action against the lienholder for:(1) actual damages;(2) costs; and(3) reasonable attorney's fees.[Pre-2002 Recodification Citation: 32-8-39-6.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-14-1 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-1. "Common Expenses"

Sec. 1. As used in this chapter, "common expenses" means:(1) all sums lawfully assessed against a subdivision by a homeowners association;(2) expenses of:(A) administration;(B) maintenance;(C) repair; or(D) replacement;of subdivision common areas and facilities;(3) expenses agreed upon as common expenses by a homeowners association; and(4) expenses declared common expenses by the bylaws or another written instrument of a homeowners association.As added by P.L.135-2007, SEC.3.
IN Code § 32-28-14-2 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-2. "Homeowners Association"

Sec. 2. As used in this chapter, "homeowners association" means all the owners of real estate in a subdivision acting as an entity in accordance with any:(1) bylaws;(2) covenants; or(3) other written instruments;of the homeowners association.As added by P.L.135-2007, SEC.3.
IN Code § 32-28-14-3 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-3. "Real Estate"

Sec. 3. As used in this chapter, "real estate" means a right, a title, or an interest in real property.As added by P.L.135-2007, SEC.3.
IN Code § 32-28-14-4 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-4. "Subdivision"

Sec. 4. As used in this chapter, "subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by a legislative body under IC 36-7-4.As added by P.L.135-2007, SEC.3.
IN Code § 32-28-14-5 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-5. Homeowners Association Lien; Notice of Lien Requirements

Sec. 5. (a) All sums assessed by a homeowners association but unpaid for the share of the common expenses chargeable to an owner of real estate in a subdivision constitute a homeowners association lien on the real estate effective as provided in section 6 of this chapter.(b) The priority of a homeowners association lien is established on the date the notice of the lien is recorded under section 6 of this chapter.(c) A notice of lien may not be recorded under subsection (a) unless the notice of lien:(1) contains:(A) the name and address of the homeowners association;(B) the address and legal description of the property that is subject to the lien;(C) the name of the owner of the property that is subject to the lien; and(D) the amount of the lien; and(2) is:(A) signed by an officer of the homeowners association; and(B) acknowledged as in the case of deeds.As added by P.L.135-2007, SEC.3.
IN Code § 32-28-14-6 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-6. Lien Attaches Upon Recording of Notice of Lien

Sec. 6. (a) A homeowners association lien under this chapter attaches to real estate upon the recording of a notice of lien by the homeowners association in the office of the recorder of the county in which the real estate is located.(b) A homeowners association lien under this chapter attaches on the date of the recording of the notice of the lien under subsection (a) and does not relate back to:(1) a date specified in the bylaws, the covenants, or another written instrument of the homeowners association; or(2) the date the common expenses were assessed.As added by P.L.135-2007, SEC.3.
IN Code § 32-28-14-7 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-7. Liability for Unpaid Assessment

Sec. 7. (a) Except as provided in subsection (b), in a voluntary conveyance, the grantee of real estate is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses incurred before the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts of common expenses paid by the grantee.(b) The grantee:(1) is entitled to a statement from the manager, board of directors, or other governing authority of the homeowners association that sets forth the amount of the unpaid assessments against the grantor; and(2) is not liable for, and the real estate conveyed is not subject to a homeowners association lien for, any unpaid assessments against the grantor unless the lien for unpaid assessments is recorded under section 6 of this chapter before recording the deed by which the grantee takes title.(c) If the mortgagee of a first mortgage of record or other purchaser of real estate obtains title to the real estate as a result of foreclosure of the first mortgage, the acquirer of title or the acquirer's successors and assigns are not liable for the share of the common expenses or assessments by the homeowners association chargeable to the real estate that became due before the acquisition of title to real estate by the acquirer. The unpaid share of common expenses or assessments is considered to be common expenses collectible from all of the owners of real estate in the subdivision, including the acquirer or the acquirer's successors and assigns.As added by P.L.135-2007, SEC.3.
IN Code § 32-28-14-8 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-8. Time Limit for Enforcing Lien

Sec. 8. (a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint:(1) may not be filed earlier than ninety (90) days, unless:(A) another person files a foreclosure action on the property that is the subject of the lien; or(B) a person files written notice to file an action to foreclose the lien under section 9(a)(1) of this chapter; and(2) must be filed not later than five (5) years;after the date the statement and notice of intention to hold a lien was recorded under section 6 of this chapter.(b) If a lien is not enforced within the time set forth in subsection (a), the lien is void.(c) If a lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the real estate subject to the lien.As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.3; P.L.99-2011, SEC.4; P.L.45-2016, SEC.7.
IN Code § 32-28-14-9 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 14. Homeowners Association Liens|32-28-14-9. Voiding of Lien for Failure to Foreclose

Sec. 9. (a) A homeowners association lien under this chapter is void if both of the following occur:(1) The owner of the real estate subject to the homeowners association lien or any person or corporation having an interest in the real estate, 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 real estate is located within one (1) year after the date the owner or holder of the lien received the notice described in subdivision (1).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 owner or holder of the homeowners association lien at the address given in the recorded statement 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 real estate is located. The affidavit must state the following:(1) The facts of the notice.(2) That more than one (1) year has passed since the notice was received by the owner or holder of the lien.(3) That an action for foreclosure of the lien is not pending.(4) That an unsatisfied judgment has not been rendered on the lien.(c) The recorder shall record the affidavit of service in the miscellaneous record book of the recorder's office. When the recorder records the affidavit under this subsection, the real estate described in the homeowners association lien is released from the lien.(d) An affidavit recorded under subsection (c) must cross reference the lien.As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.4.
IN Code § 32-29-1-0.2 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 32-8-11-9 (before its repeal, now codified at section 10 of this chapter) by P.L.157-1990 applies to a mortgage lien created after June 30, 1990.As added by P.L.220-2011, SEC.525.
IN Code § 32-29-1-1 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-1. Possession Premises

Sec. 1. (a) This section does not apply to security interests in rents and profits arising from real estate.(b) Unless a mortgage specifically provides that the mortgagee shall have possession of the mortgaged premises, the mortgagee is not entitled to possession of the mortgaged premises.[Pre-2002 Recodification Citation: 32-8-11-1.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-2 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-2. Construction of Mortgage

Sec. 2. A mortgage may not be construed to imply a covenant for the payment of the sum intended to be secured by the mortgage so as to enable the mortgagee or the mortgagee's assignees or representatives to maintain an action for the recovery of this sum. If an express covenant is not contained in the mortgage for the payment and a bond or other separate instrument to secure the payment has not been given, the remedy of the mortgagee is confined to the real property described in the mortgage.[Pre-2002 Recodification Citation: 32-8-11-2.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-2.5 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-2.5. Hazard Insurance

Sec. 2.5. A mortgagee or a mortgagee's assignee or representative may not require a mortgagor, as a condition of receiving or maintaining a mortgage, to obtain hazard insurance coverage against risks to improvements on the mortgaged property in an amount exceeding the replacement value of the improvements.As added by P.L.73-2004, SEC.45.
IN Code § 32-29-1-3 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-3. Sale of Premises

Sec. 3. A mortgage of real estate, including an instrument having the legal effect of a mortgage, may not authorize the mortgagee to sell the mortgaged property. The sale of mortgaged property by the mortgagee may only be made under a judicial proceeding.[Pre-2002 Recodification Citation: 32-8-11-3.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-4 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-4. Purchase Money Mortgage

Sec. 4. A mortgage granted by a purchaser to secure purchase money has priority over a prior judgment against the purchaser.[Pre-2002 Recodification Citation: 32-8-11-4.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-5 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-5. Form; Mortgage

Sec. 5. A mortgage of land that is:(1) worded in substance as "A.B. mortgages and warrants to C.D." (here describe the premises) "to secure the repayment of" (here recite the sum for which the mortgage is granted, or the notes or other evidences of debt, or a description of the debt sought to be secured, and the date of the repayment); and(2) dated and signed, sealed, and acknowledged by the grantor;is a good and sufficient mortgage to the grantee and the grantee's heirs, assigns, executors, and administrators, with warranty from the grantor (as defined in IC 32-17-1-1) and the grantor's legal representatives of perfect title in the grantor and against all previous encumbrances. However, if in the mortgage form the words "and warrant" are omitted, the mortgage is good but without warranty.[Pre-2002 Recodification Citation: 32-1-2-15.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-6 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-6. Payment in Full; Release and Discharge of Mortgage

Sec. 6. After a mortgagee of property whose mortgage has been recorded has received full payment from the mortgagor of the sum specified in the mortgage, the mortgagee shall, at the request of the mortgagor, enter in the record of the mortgage that the mortgage has been satisfied. An entry in the record showing that a mortgage has been satisfied operates as a complete release and discharge of the mortgage.[Pre-2002 Recodification Citation: 32-8-11-5.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-7 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-7. Certificate of Payments and Satisfaction

Sec. 7. If a mortgage has been paid and satisfied by the mortgagor, the mortgagor may take a certificate of satisfaction, duly acknowledged by the mortgagee or the mortgagee's lawful agent, as required for the acknowledgment of conveyances to entitle them to be recorded. The certificate and acknowledgment shall be recorded by the recorder in whose office the mortgage is recorded, with a reference to the location of the record of the mortgage. The recorded certificate discharges and releases the mortgagor from the mortgage (or portion of the mortgage as indicated in a partial satisfaction), and bars all suits and actions on the mortgage.[Pre-2002 Recodification Citation: 32-8-11-6.]As added by P.L.2-2002, SEC.14.