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Indiana Code

Ind. Code § 32-28-3-10 (2026)

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

✓ current as of May 2026
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     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.

 

Notes of Decisions
Cited in 3 cases, 2003–2020 · leading case: Wind Dance Farm, Inc. v. Hughes Supply, Inc., 792 N.E.2d 79 (Ind. Ct. App. 2003).
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Wind Dance Farm, Inc. v. Hughes Supply, Inc., 792 N.E.2d 79 (Ind. Ct. App. 2003). · cites it 6× “Ind.Code § 32-28-3-10 (stating that notice is to be given "to the lienholder at the address given in the recorded statement and notice of intention to hold a lien.”
Midwest Biohazard Servs., LLC v. Rodgers, 893 N.E.2d 1074 (Ind. Ct. App. 2008). · cites it 2× “denied; see also I.C. § 32-28-3-10 (“A Men is void if ... [t]he owner or holder of the Men fails to file an action to foreclose the Men in the county where the property is located not later than thirty (30) days after receiving the notice.”
Floyd Freeman, Individually, & Clover Homes, Inc. v. Timberland Home Ctr., Inc., & Tracy Nash & Robbyn Nash, & V-Live Gen. Servs., LLC, 148 N.E.3d 321 (Ind. Ct. App. 2020). · cites it 16× “On June 5, 2018, the Nashes served Clover Homes notice to commence suit to foreclose its mechanic’s lien within thirty days pursuant to Indiana Code Section 32-28-3-10. [4] On June 19, 2018, Timberland initiated this action by filing a complaint in the Putnam County Superior…”
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