Indiana § 32-28-2-1 - Succession of lien; action to reinstate record

§ 32-28-2-1. Succession of lien; action to reinstate record

Sec. 1. (a) Except as provided in subsections (b) and (c), if the record of a judgment of an Indiana court that would otherwise be a lien upon real estate is destroyed, six (6) months after the date when the record is destroyed the judgment ceases to be a lien upon any real estate as against any right, title, lien on or interest in the real estate accruing to or acquired by any person for a valuable consideration and without notice.

(b) The record of a judgment does not cease to be a lien under subsection (a) six (6) months after the date when the record is destroyed if the judgment plaintiff or the assignee or owner of the judgment, less than six (6) months after the date when the record is destroyed, files an action to reinstate the record of the judgment in the court having jurisdiction of the record.

(c) If the plaintiff obtains a judgment or decree in the action filed under subsection (b), the filing of the action to reinstate the record preserves the lien of the judgment in the same manner and to the same extent as if the record had not been destroyed.

[Pre-2002 Recodification Citation: 32-8-2-1.]

As added by P.L.2-2002, SEC.13.

IC 32-28-3Chapter 3. Mechanic's Liens

32-28-3-0.2Application of certain amendments to prior law 32-28-3-1Mechanic's liens; persons to whom available; effect of contract provisions; credit transactions; restrictions 32-28-3-2Extent of lien; leased or mortgaged land 32-28-3-3Notice of intention to hold lien; filing 32-28-3-4Validity of certain notices of intention to hold lien 32-28-3-5Recording notice; priority of lien 32-28-3-6Enforcement of lien 32-28-3-7Sale to satisfy lien; consolidation of actions 32-28-3-8Insufficient proceeds of sale 32-28-3-9Subcontractor's, journeyman's, or laborer's liens; notice; actions 32-28-3-10Property 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 32-28-3-11Undertaking to pay judgment and cost 32-28-3-12Railroads; labor and materials; lien 32-28-3-13Notice of intention to hold lien 32-28-3-14Attorney's fees 32-28-3-15Accepting payment for labor or materials subject to outstanding indebtedness 32-28-3-16Waiver of right to a lien voiding contract 32-28-3-17Provision that contract subject to laws of another state void 32-28-3-18Receipt of payment from third person not limiting right to lien