CHAPTER 11. LIS PENDENS
IC 32-30-11
Chapter 11. Lis Pendens
IC 32-30-11-1
"Lis pendens record"
Sec. 1. Each clerk of the circuit court shall keep a book in theoffice of the clerk called the "lis pendens record". The lis pendensrecord is a public record.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-2
Suit commenced upon a bond payable to Indiana; required writtennotice
Sec. 2. (a) This section applies to a suit commenced upon a bondpayable to the state in any of the courts of Indiana or in a districtcourt of the United States sitting in Indiana.
(b) The plaintiff in the case shall file with the clerk of the circuitcourt a written notice containing:
(1) the title of the court; and
(2) the names of all parties to the suit and a statement that thesuit is upon an official bond.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-3
Suit to enforce certain liens; required written notice
Sec. 3. (a) This section applies to a person who commences a suit:
(1) in any court of Indiana or in a district court of the UnitedStates sitting in Indiana;
(2) by complaint as plaintiff or by cross-complaint as defendant;and
(3) to enforce any lien upon, right to, or interest in any realestate upon any claim not founded upon:
(A) an instrument executed by the party having the legal titleto the real estate, as appears from the proper records of thecounty, and recorded as required by law; or
(B) a judgment of record in the county in which the realestate is located, against the party having the legal title to thereal estate, as appears from the proper records.
(b) The person shall file, with the clerk of the circuit court in eachcounty where the real estate sought to be affected is located, awritten notice containing:
(1) the title of the court;
(2) the names of all the parties to the suit;
(3) a description of the real estate to be affected; and
(4) the nature of the lien, right, or interest sought to be enforcedagainst the real estate.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-4
Notice filing Sec. 4. The clerk shall:
(1) record a notice filed under section 2 or 3 of this chapter inthe lis pendens record; and
(2) note upon the record the day and hour when the notice wasfiled and recorded.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-5
Property seized by sheriff or coroner; required written notice; fees
Sec. 5. (a) This section applies when a sheriff or coroner of acounty in Indiana:
(1) seizes upon real estate or an interest in real estate by virtueof a writ of attachment; or
(2) levies upon real estate or an interest in real estate by virtueof an execution issued to the sheriff or coroner from any courtother than the court of the county in which the sheriff orcoroner resides.
(b) At the time of the seizure or levy, the sheriff or coroner shallfile with the clerk of the circuit court of the county a written noticesetting forth:
(1) the names of the parties to the proceedings upon which thewrit of attachment or execution is founded; and
(2) a description of the land seized or levied upon.
The notice shall be recorded, as provided for in section 4 of thischapter.
(c) The sheriff or coroner shall state, in the return to theattachment or execution, that notice has been filed. The sheriff orcoroner is allowed a fee of fifty cents ($0.50) to be taxed as costs formaking and filing the notice. However, the sheriff or coroner is notrequired to file the notice until the attachment or execution plaintiffprovides the money to pay the clerk for filing and recording thenotice.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-6
Index of notices filed with clerk
Sec. 6. Upon filing and recording the notices described in thischapter, the clerk shall index the notices by the names of each partywhose interest in the real estate might be affected by the suit,attachment, or execution. The clerk shall maintain entries for eachnotice listing:
(1) the plaintiff versus the names of all the defendants; and
(2) each defendant whose real estate is sought to be affected atthe suit of the plaintiff.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-7
Final determinations adverse to party seeking to enforce lien;satisfaction entered in lis pendens record
Sec. 7. Upon the final determination of any suit brought: (1) for the purposes described in section 2 or 3 of this chapter;and
(2) adversely to the party seeking to enforce a lien upon, rightto, or interest in the real estate;
the court rendering the judgment shall order the proper clerk to enterin the lis pendens record a satisfaction of the lien, right, or interestsought to be enforced against the real estate. When the entry is made,the real estate is forever discharged from the lien, right, or interest.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-8
Certificate of dismissal or satisfaction in lis pendens record
Sec. 8. (a) This section applies when:
(1) an attachment is dismissed or the judgment rendered on it issatisfied; or
(2) the execution is satisfied without a sale of the lands seizedor levied upon, or upon a redemption of the real estate withinthe time allowed by law after a sale of the real estate uponexecution.
(b) The clerk of the court that issued the attachment or executionshall make a certificate of the dismissal or satisfaction and:
(1) enter the certificate upon the lis pendens record, if theappropriate record is kept in that clerk's office; or
(2) forward the certificate to the county in which the real estateis located, to be recorded in the lis pendens record of thatcounty.
(c) When the certificate is entered or recorded, the real estate isdischarged from the lien of attachment or execution.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-9
Constructive notice of certain actions; delayed until requiredwritten notices filed with clerk
Sec. 9. (a) This section applies to the following:
(1) Suits described in section 2 or 3 of this chapter.
(2) The seizure of real estate under attachments and the levy ofreal estate under execution in the cases mentioned in section 5of this chapter.
(b) Actions referred to in subsection (a) do not:
(1) operate as constructive notice of the pendency of the suit orof the seizure of or levy upon the real estate; or
(2) have any force or effect as against bona fide purchasers orencumbrancers of the real estate;
until the notices required by this section are filed with the properclerk.
As added by P.L.2-2002, SEC.15.
IC 32-30-11-10
Orders recorded in lis pendens record; notice
Sec. 10. (a) This section applies to orders granted by any court or
judge in any cause or proceeding, whether upon a hearing or exparte, that affect the disposition of real estate.
(b) Orders described in subsection (a) may be recorded in the lispendens record kept in the office of the clerk of the county in whichthe real estate affected is located.
(c) An order recorded under subsection (b) shall be notice of thematters set forth in the order to all persons that are or may becomeinterested in the real estate, and the provisions of the order takeeffect upon the real estate against any subsequent disposition of thereal estate.
As added by P.L.2-2002, SEC.15.