reglab/housing_qa huggingface dataset:
IN Code § 32-28-3-5 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-5. Recording Notice; Priority of Lien

Sec. 5. (a) As used in this section, "lender" refers to:(1) an individual;(2) a supervised financial organization (as defined in IC 26-1-4-102.5);(3) an insurance company or a pension fund; or(4) any other entity that has the authority to make loans.(b) The recorder shall record the statement and notice of intention to hold a lien when presented under section 3 of this chapter in the miscellaneous record book. The recorder shall charge a fee for recording the statement and notice in accordance with IC 36-2-7-10. When the statement and notice of intention to hold a lien is recorded, the lien is created. The recorded lien relates back to the date the mechanic or other person began to perform the labor or furnish the materials or machinery. Except as provided in subsections (c) and (d), a lien created under this chapter has priority over a lien created after it.(c) The lien of a mechanic or materialman does not have priority over the lien of another mechanic or materialman.(d) The mortgage of a lender has priority over all liens created under this chapter that are recorded after the date the mortgage was recorded, to the extent of the funds actually owed to the lender for the specific project to which the lien rights relate. This subsection does not apply to a lien that relates to a construction contract for the development, construction, alteration, or repair of the following:(1) A Class 2 structure (as defined in IC 22-12-1-5).(2) An improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5).(3) Property that is:(A) owned, operated, managed, or controlled by:(i) a public utility (as defined in IC 8-1-2-1);(ii) a municipally owned utility (as defined in IC 8-1-2-1);(iii) a joint agency (as defined in IC 8-1-2.2-2);(iv) a rural electric membership corporation formed under IC 8-1-13-4;(v) a rural communications cooperative corporation formed under IC 8-1-17; or(vi) a not-for-profit utility (as defined in IC 8-1-2-125);regulated under IC 8; and(B) intended to be used and useful for the production, transmission, delivery, or furnishing of heat, light, water, telecommunications services, or power to the public.[Pre-2002 Recodification Citation: 32-8-3-5.]As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.6; P.L.35-2010, SEC.207; P.L.81-2020, SEC.19.
IN Code § 32-28-3-6 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-6. Enforcement of Lien

Sec. 6. (a) A person may enforce a lien by filing a complaint in the circuit or superior court of the county where the real estate or property that is the subject of the lien is situated. The complaint must be filed not later than one (1) year after:(1) the date the statement and notice of intention to hold a lien was recorded under section 3 of this chapter; or(2) subject to subsection (c), the expiration of the credit, if a credit is given.(b) Except as provided in subsection (c), if a lien is not enforced within the time set forth in subsection (a), the lien is void.(c) A credit does not extend the time for filing an action to enforce the lien under subsection (a)(2) unless:(1) the terms of the credit are in writing;(2) the credit was executed by:(A) the lienholder; and(B) all owners of record; and(3) the credit was recorded:(A) in the same manner as the original statement and notice of intention to hold a lien; and(B) not later than one (1) year after the date the statement and notice of intention to hold a lien was recorded.(d) If the lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the property subject to the lien. The officers making the sale shall sell the property in accordance with IC 34-55-6.[Pre-2002 Recodification Citation: 32-8-3-6.]As added by P.L.2-2002, SEC.13. Amended by P.L.45-2016, SEC.4.
IN Code § 32-28-3-7 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-7. Sale to Satisfy Lien; Consolidation of Actions

Sec. 7. (a) A person whose lien is recorded under this chapter may be a party to an action to enforce a lien.(b) The court may, by judgment, direct a sale of the land and building for the satisfaction of the liens and costs. The sale shall not prejudice the rights of:(1) a prior encumbrance; or(2) an owner or other person who is not a party to the action.(c) If several actions are brought by different claimants and are pending at the same time, the court may order the actions to be consolidated.[Pre-2002 Recodification Citation: 32-8-3-7.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-3-8 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-8. Insufficient Proceeds of Sale

Sec. 8. If the proceeds of the sale of the property subject to a lien are insufficient to pay all the claimants, the court shall order the claimants to be paid in proportion to the amount due each claimant.[Pre-2002 Recodification Citation: 32-8-3-8.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-3-10 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-10. Property Owner's Notice to Lienholder to File Action to Foreclose the Lien; Lienholder's Failure to File; Recording of Owner's Affidavit; Release From Lien

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 by cross reference to the record any lien that is fully released.When the recorder records the affidavit and certifies by cross reference the record under this subsection, the real estate described in the lien is released from the lien.[Pre-2002 Recodification Citation: 32-8-3-10.]As added by P.L.2-2002, SEC.13. Amended by P.L.196-2019, SEC.2.
IN Code § 32-28-3-11 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-11. Undertaking to Pay Judgment and Cost

Sec. 11. (a) In an action to foreclose a lien:(1) the defendant or owner of the property subject to the lien; or(2) any person having an interest in the property subject to the lien, including a mortgagee or other lienholder;may file in the action a written undertaking with surety to be approved by the court.(b) An undertaking filed under this section must provide that the person filing it will pay any judgment that may be recovered in the action to foreclose the lien, including costs and attorney's fees allowed by the court, if the claim on which the judgment is founded is found by the court to have been a lien on the property at the time the action was filed.(c) If an undertaking is filed and approved by the court:(1) the court shall enter an order releasing the property from the lien; and(2) the property shall be discharged from the lien.[Pre-2002 Recodification Citation: 32-8-3-11.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-3-12 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-12. Railroads; Labor and Materials; Lien

Sec. 12. (a) This section applies to a person who:(1) performs work or labor such as:(A) grading;(B) building embankments;(C) making excavations for track;(D) building:(i) bridges;(ii) trestlework;(iii) works of masonry;(iv) fencing; or(v) other structures; or(E) performs work of any kind;in the construction or repair of a railroad or part of a railroad in Indiana; or(2) furnishes material for:(A) a bridge, trestlework, work of masonry, fence, or other structure; or(B) use in the construction or repair of a railroad or part of a railroad;in Indiana.(b) The work, labor, or material described in subsection (a) may be provided under a contract:(1) with the railroad corporation building, repairing, or owning the railroad; or(2) with a person, corporation, or company engaged as:(A) lessee;(B) contractor;(C) subcontractor; or(D) agent;of the railroad corporation in the work of constructing or repairing the railroad or part of the railroad in Indiana.(c) A person to whom this section applies may have a lien to the extent of the work or labor performed, or material furnished, or both, upon:(1) the right-of-way and franchises of the railroad corporation; and(2) the works and structures as set forth in this section that may be upon the right-of-way and franchise of the railroad corporation;within the limits of the county in which the work or labor may be performed or the material may be furnished.(d) A person performing work or labor or furnishing materials under a contract described in subsection (b)(2) is not required to give notice to the railroad corporation under section 9 of this chapter in order to acquire and hold a lien for labor performed or material furnished under the provisions of this section. The performance of the labor or the furnishing of the materials is sufficient notice to the railroad corporation. A lien that is acquired as set forth in this subsection shall be enforced as other mechanic's liens are enforced in Indiana.(e) A person who, in doing business with a railroad company, has constructed a building or other improvement on a portion of the railroad right-of-way adjacent to the person's place of business may have a lien to the extent of the fair market value of the improvement on that portion of the right-of-way. The lien may be acquired and enforced:(1) upon abandonment of the right-of-way by the railroad company; and(2) against the successors in title of the railroad company.This subsection does not apply to property that is subject to a written agreement providing for the disposition of improvements upon abandonment. Liens acquired under this subsection shall be enforced as other mechanic's liens are enforced in Indiana.[Pre-2002 Recodification Citation: 32-8-3-12.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-3-13 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-13. Notice of Intention to Hold Lien

Sec. 13. A person who desires to acquire the lien provided for in section 12 of this chapter must give notice of the person's intention to hold the lien by causing the notice to be recorded in the recorder's office of the county in which the work was done or material furnished in the same manner and within the same time as provided in this chapter for giving notice of a mechanic's lien. A person who gives notice within the proper time may enforce the lien in the same manner as mechanic's liens are enforced. The suit must be brought within one (1) year after the time the notice was filed in the recorder's office.[Pre-2002 Recodification Citation: 32-8-3-13.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-3-14 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-14. Attorney's Fees

Sec. 14. (a) Except as provided in subsection (b), in an action to enforce a lien under this chapter, a plaintiff or lienholder who recovers a judgment in any sum is entitled to recover reasonable attorney's fees. The court shall enter the attorney's fees as a part of the judgment.(b) A plaintiff may not recover attorney's fees as part of the judgment against a property owner in an action in which the contract consideration for the labor, material, or machinery has been paid by the property owner or party for whom the improvement has been constructed.[Pre-2002 Recodification Citation: 32-8-3-14.]As added by P.L.2-2002, SEC.13. Amended by P.L.1-2007, SEC.211.
IN Code § 32-28-3-15 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-15. Accepting Payment for Labor or Materials Subject to Outstanding Indebtedness

Sec. 15. A person who knowingly or intentionally:(1) performs labor, supplies services, or furnishes material or machinery in the:(A) construction;(B) repair; or(C) remodeling;of a building, structure, or other work;(2) accepts payment for the labor, services, material, or machinery furnished and supplied;(3) at the time of receiving the payment, knows that the person is indebted to another for:(A) labor, including the cost of renting or leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor;(B) services;(C) material; or(D) machinery;used or employed in the construction, repair, or remodeling;(4) fails:(A) at the time of receiving the payment; and(B) with intent to defraud;to notify in writing the person from whom the payment was received of the existence of the outstanding indebtedness; and(5) causes the person from whom the payment was received to suffer a loss by failing under subdivision (4) to notify the person of the existence of the outstanding indebtedness;commits a Level 6 felony.[Pre-2002 Recodification Citation: 32-8-3-15.]As added by P.L.2-2002, SEC.13. Amended by P.L.158-2013, SEC.332.
IN Code § 32-28-3-16 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-16. Waiver of Right to a Lien Voiding Contract

Sec. 16. (a) This section applies to a construction contract for the construction, alteration, or repair of a building or structure other than:(1) a Class 2 structure (as defined in IC 22-12-1-5) or an improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5); or(2) property that is:(A) owned, operated, managed, or controlled by a public utility (as defined in IC 8-1-2-1), a municipally owned utility (as defined in IC 8-1-2-1), a joint agency (as defined in IC 8-1-2.2-2), a rural electric membership corporation formed under IC 8-1-13-4, rural communications cooperative corporation formed under IC 8-1-17, or a not-for-profit utility (as defined in IC 8-1-2-125) regulated under IC 8; and(B) intended to be used and useful for the production, transmission, delivery, or furnishing of heat, light, water, telecommunications services, or power to the public.(b) A provision in a contract for the improvement of real estate in Indiana is void if the provision requires a person described in section 1 of this chapter who furnishes labor, materials, or machinery to waive a right to:(1) a lien against real estate; or(2) a claim against a payment bond;before the person is paid for the labor or materials furnished.(c) A provision in a contract for the improvement of real estate in Indiana under which one (1) or more persons agree not to file a notice of intention to hold a lien is void.[Pre-2002 Recodification Citation: 32-8-3-16.]As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.7; P.L.81-2020, SEC.20.
IN Code § 32-28-3-17 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-17. Provision That Contract Subject to Laws of Another State Void

Sec. 17. A provision in a contract for the improvement of real estate in Indiana is void if the provision:(1) makes the contract subject to the laws of another state; or(2) requires litigation, arbitration, or other dispute resolution process on the contract occur in another state.[Pre-2002 Recodification Citation: 32-8-3-17.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-3-18 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 3. Mechanic's Liens|32-28-3-18. Receipt of Payment From Third Person Not Limiting Right to Lien

Sec. 18. (a) This section applies to a provider of labor, materials, or equipment under a contract for the improvement of real estate that conditions the right of the provider to receive payment on the obligor's receipt of payment from a third person with whom the provider does not have a contractual relationship.(b) This section does not apply to a construction contract for the construction, alteration, or repair of the following:(1) A Class 2 structure (as defined in IC 22-12-1-5).(2) An improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5).(3) Property that is:(A) owned, operated, managed, or controlled by a:(i) public utility (as defined in IC 8-1-2-1);(ii) municipally owned utility (as defined in IC 8-1-2-1);(iii) joint agency (as defined in IC 8-1-2.2-2);(iv) rural electric membership corporation formed under IC 8-1-13-4;(v) rural communications cooperative corporation formed under IC 8-1-17; or(vi) not-for-profit utility (as defined in IC 8-1-2-125);regulated under IC 8; and(B) intended to be used and useful for the production, transmission, delivery, or furnishing of heat, light, water, telecommunications services, or power to the public.(c) An obligor's receipt of payment from a third person may not:(1) be a condition precedent to;(2) limit; or(3) be a defense to;the provider's right to record or foreclose a lien against the real estate that was improved by the provider's labor, material, or equipment.[Pre-2002 Recodification Citation: 32-8-3-18.]As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.8; P.L.81-2020, SEC.21.
IN Code § 32-28-4-1 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 4. Foreclosure and Expiration of a Mortgage or Vendor's Lien|32-28-4-1. Limitation of Actions

Sec. 1. (a) A mortgage or vendor's lien upon real estate expires ten (10) years after the last installment of the debt secured by the mortgage or vendor's lien becomes due, as shown by the record of the mortgage or vendor's lien unless an action to foreclose is brought not later than ten (10) years after the last installment of the debt secured by the mortgage or vendor's lien becomes due, as shown by the record of the mortgage or vendor's lien.(b) An action may not be brought in the courts of Indiana to foreclose a mortgage or enforce a vendor's lien reserved by a person to secure the payment of an obligation secured by the mortgage or vendor's lien if the last installment of the debt secured by the mortgage or vendor's lien, as shown by the record of the mortgage or vendor's lien, has been due more than ten (10) years.[Pre-2002 Recodification Citation: 32-8-4-1.]As added by P.L.2-2002, SEC.13. Amended by P.L.130-2012, SEC.1; P.L.18-2013, SEC.1.
IN Code § 32-28-4-2 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 4. Foreclosure and Expiration of a Mortgage or Vendor's Lien|32-28-4-2. Record Silent as to Due Date of Debt; Date of Execution Omitted; Expiration of Lien; Recorder's Certification of Satisfaction of Mortgage or Lien by Lapse of Time

Sec. 2. (a) Except as provided in section 3 of this chapter, if the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due, the following apply:(1) If the mortgage or vendor's lien was created before July 1, 2012, the mortgage or vendor's lien expires twenty (20) years after the date on which the mortgage or vendor's lien was executed unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor's lien was executed.(2) If the mortgage or vendor's lien was created after June 30, 2012, the mortgage or vendor's lien expires ten (10) years after the date on which the mortgage or vendor's lien was executed unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor's lien was executed.(b) If:(1) the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due;(2) the date of execution has been omitted in the mortgage or vendor's lien; and(3) the mortgage or vendor's lien was created before July 1, 2012;the mortgage or vendor's lien expires twenty (20) years after the date on which the mortgage or vendor's lien was recorded unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor's lien was recorded.(c) If:(1) the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due;(2) the date of execution has been omitted in the mortgage or vendor's lien; and(3) the mortgage or vendor's lien was created after June 30, 2012;the mortgage or vendor's lien expires ten (10) years after the date on which the mortgage or vendor's lien was recorded unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor's lien was recorded.(d) Upon the request of the owner of record of real estate encumbered by a mortgage or vendor's lien that has expired under this section, the recorder of the county in which the real estate is situated shall certify by cross reference to the record that the mortgage or vendor's lien is fully paid and satisfied by lapse of time, and the real estate is released from the mortgage or vendor's lien.[Pre-2002 Recodification Citation: 32-8-4-2.]As added by P.L.2-2002, SEC.13. Amended by P.L.130-2012, SEC.2; P.L.18-2013, SEC.2; P.L.196-2019, SEC.3.
IN Code § 32-28-5-1 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 5. Release of Liens on Conveyance of Real Estate|32-28-5-1. Lien on Real Property; Entry of Satisfaction

Sec. 1. (a) If a grantee has satisfied a lien on real property, the grantor shall, upon the request of the grantee, record on the lien record that the lien has been satisfied.(b) Recording on the record of a lien under subsection (a) that the lien has been satisfied operates as a complete discharge of the lien.[Pre-2002 Recodification Citation: 32-8-5-1.]As added by P.L.2-2002, SEC.13.
IN Code § 32-28-5-2 (2021)
2021 Indiana Code|Title 32. Property|Article 28. Liens on Real Property|Chapter 5. Release of Liens on Conveyance of Real Estate|32-28-5-2. Certificate and Acknowledgment Releasing Lien

Sec. 2. (a) If a grantee has satisfied a lien on real property but the grantor has not recorded that the lien has been satisfied under section 1 of this chapter, the grantor shall, at the request of the grantee, certify that the lien has been satisfied. The grantor's certification shall be acknowledged by the grantor in the same manner as is required to entitle a conveyance of real property to be recorded. The grantor's certification shall be recorded by the recorder in whose office the deed is recorded, with reference to the location of the recorded deed.(b) A recorded certification that a lien has been satisfied operates as a complete discharge of the lien.[Pre-2002 Recodification Citation: 32-8-5-2.]As added by P.L.2-2002, SEC.13.