Indiana Complaint or Petition to Foreclose on Mechanic's Lien

State:
Multi-State
Control #:
US-01538BG
Format:
Word
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Description

An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Enforcement: Foreclosing on an Indiana Mechanic's Lien The lien may be enforced by filing a complaint in the circuit or superior court of the county where the property is located. Under Indiana Code § 32-28-3-6, if the lien is not enforced within one year, it becomes void.

ANSWER: Indiana mechanic liens are good for one year from the date the notice of intention to hold a mechanic lien is recorded with the county recorder's office. If the lien holder fails to file a lawsuit within that one-year period, the lien becomes void automatically by operation of law.

The purpose of Indiana's mechanic's lien statute is to provide a contractor a remedy for unpaid labor or materials furnished to the improvement of real property. Information on specific requirements for filing a mechanic's lien and release can be found in Indiana Code 32-28-3 and 32-28-6.

If contractors and suppliers don't get paid on a construction project in Indiana, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

You can petition a local court to reverse a judgment or contest a lien filing. The lien can many times be removed from the power of your local county court. Other times, you may be able to challenge government liens either through an administrative or full court filing.

In Indiana, a mechanic's lien is generally effective for one year from the date notice of the lien was given. The lien may be enforced by filing a complaint in the circuit or superior court of the county where the property is located.

The purpose of Indiana's mechanic's lien statute is to provide a contractor a remedy for unpaid labor or materials furnished to the improvement of real property. Information on specific requirements for filing a mechanic's lien and release can be found in Indiana Code 32-28-3 and 32-28-6.

No pre-lien notice required for commercial or industrial liens. Notice of Intention to Hold Mechanic's Lien must be recorded within 60 days of the last date labor, materials, or equipment used on jobsite (90 days for commercial).

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Indiana Complaint or Petition to Foreclose on Mechanic's Lien