CHAPTER 6. RELEASE OF MECHANIC'S LIENS
IC 32-28-6
Chapter 6. Release of Mechanic's Liens
IC 32-28-6-1
Failure to release lien; damages
Sec. 1. (a) If:
(1) a person owns or has an interest in real estate to which amechanic's lien has been attached;
(2) the debt secured by the lien has satisfied or paid; and
(3) the person who owns or has an interest in the encumberedreal estate demands that the lien be released;
the lienholder shall release the lien within fifteen (15) days after thedemand.
(b) If the lienholder does not release the lien within fifteen (15)days after the demand, the lienholder is liable to the person whoowns or has an interest in the real estate to which the mechanic's lienhas been attached for the greater of:
(1) actual damages; or
(2) liquidated damages in the sum of ten dollars ($10) per dayfrom the fifteenth day until the release or expiration of the lien.
(c) A person who owns or who has an interest in real estate towhich a mechanic's lien has been attached may, at any time thirteen(13) months after the date of the filing of the notice of the lien, filein the office of the recorder of the county in which the real estate issituated an affidavit stating that no suit for the foreclosure of the lienis pending and that no unsatisfied judgment has been rendered on thelien.
As added by P.L.2-2002, SEC.13.
IC 32-28-6-2
Certification of lien satisfaction
Sec. 2. If a person who owns or has an interest in real estateencumbered by a mechanic's lien files the affidavit described insection 1(c) of this chapter, the recorder of the county in which theencumbered real estate is situated shall immediately record theaffidavit and certify on the record of the lien that the mechanic's lienis fully satisfied and that the real estate described in the mechanic'slien is released from the lien. The fee of the recorder for the filingand recording of the affidavit shall be an amount prescribed by lawand shall be paid by the person filing the affidavit.
As added by P.L.2-2002, SEC.13.