IC 32-30-11-1 "Lis pendens record"
Sec. 1. Each clerk of the circuit court shall keep a book in the
office of the clerk called the "lis pendens record". The lis pendens
record 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 written
notice
Sec. 2. (a) This section applies to a suit commenced upon a bond
payable to the state in any of the courts of Indiana or in a district
court of the United States sitting in Indiana.
(b) The plaintiff in the case shall file with the clerk of the circuit
court a written notice containing:
(1) the title of the court; and
(2) the names of all parties to the suit and a statement that the
suit 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 United
States 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 real
estate upon any claim not founded upon:
(A) an instrument executed by the party having the legal title
to the real estate, as appears from the proper records of the
county, and recorded as required by law; or
(B) a judgment of record in the county in which the real
estate is located, against the party having the legal title to the
real estate, as appears from the proper records.
(b) The person shall file, with the clerk of the circuit court in each
county where the real estate sought to be affected is located, a
written 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 enforced
against 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 in
the lis pendens record; and
(2) note upon the record the day and hour when the notice was
filed 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 a
county in Indiana:
(1) seizes upon real estate or an interest in real estate by virtue
of a writ of attachment; or
(2) levies upon real estate or an interest in real estate by virtue
of an execution issued to the sheriff or coroner from any court
other than the court of the county in which the sheriff or
coroner resides.
(b) At the time of the seizure or levy, the sheriff or coroner shall
file with the clerk of the circuit court of the county a written notice
setting forth:
(1) the names of the parties to the proceedings upon which the
writ 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 this
chapter.
(c) The sheriff or coroner shall state, in the return to the
attachment or execution, that notice has been filed. The sheriff or
coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for
making and filing the notice. However, the sheriff or coroner is not
required to file the notice until the attachment or execution plaintiff
provides the money to pay the clerk for filing and recording the
notice. 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 this
chapter, the clerk shall index the notices by the names of each party
whose interest in the real estate might be affected by the suit,
attachment, or execution. The clerk shall maintain entries for each
notice listing:
(1) the plaintiff versus the names of all the defendants; and
(2) each defendant whose real estate is sought to be affected at
the 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, right
to, or interest in the real estate;
the court rendering the judgment shall order the proper clerk to enter
in the lis pendens record a satisfaction of the lien, right, or interest
sought 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 is
satisfied; or
(2) the execution is satisfied without a sale of the lands seized
or levied upon, or upon a redemption of the real estate within
the time allowed by law after a sale of the real estate upon
execution.
(b) The clerk of the court that issued the attachment or execution
shall make a certificate of the dismissal or satisfaction and:
(1) enter the certificate upon the lis pendens record, if the
appropriate record is kept in that clerk's office; or
(2) forward the certificate to the county in which the real estate
is located, to be recorded in the lis pendens record of that
county.
(c) When the certificate is entered or recorded, the real estate is
discharged 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 required
written 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 of
real estate under execution in the cases mentioned in section 5
of this chapter.
(b) Actions referred to in subsection (a) do not:
(1) operate as constructive notice of the pendency of the suit or
of the seizure of or levy upon the real estate; or
(2) have any force or effect as against bona fide purchasers or
encumbrancers of the real estate;
until the notices required by this section are filed with the proper
clerk. 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 ex
parte, that affect the disposition of real estate.
(b) Orders described in subsection (a) may be recorded in the lis
pendens record kept in the office of the clerk of the county in which
the real estate affected is located.
(c) An order recorded under subsection (b) shall be notice of the
matters set forth in the order to all persons that are or may become
interested in the real estate, and the provisions of the order take
effect upon the real estate against any subsequent disposition of the
real estate. As added by P.L.2-2002, SEC.15.
IC 32-30-11-1 "Lis pendens record"
Sec. 1. Each clerk of the circuit court shall keep a book in the
office of the clerk called the "lis pendens record". The lis pendens
record 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 written
notice
Sec. 2. (a) This section applies to a suit commenced upon a bond
payable to the state in any of the courts of Indiana or in a district
court of the United States sitting in Indiana.
(b) The plaintiff in the case shall file with the clerk of the circuit
court a written notice containing:
(1) the title of the court; and
(2) the names of all parties to the suit and a statement that the
suit 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 United
States 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 real
estate upon any claim not founded upon:
(A) an instrument executed by the party having the legal title
to the real estate, as appears from the proper records of the
county, and recorded as required by law; or
(B) a judgment of record in the county in which the real
estate is located, against the party having the legal title to the
real estate, as appears from the proper records.
(b) The person shall file, with the clerk of the circuit court in each
county where the real estate sought to be affected is located, a
written 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 enforced
against 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 in
the lis pendens record; and
(2) note upon the record the day and hour when the notice was
filed 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 a
county in Indiana:
(1) seizes upon real estate or an interest in real estate by virtue
of a writ of attachment; or
(2) levies upon real estate or an interest in real estate by virtue
of an execution issued to the sheriff or coroner from any court
other than the court of the county in which the sheriff or
coroner resides.
(b) At the time of the seizure or levy, the sheriff or coroner shall
file with the clerk of the circuit court of the county a written notice
setting forth:
(1) the names of the parties to the proceedings upon which the
writ 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 this
chapter.
(c) The sheriff or coroner shall state, in the return to the
attachment or execution, that notice has been filed. The sheriff or
coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for
making and filing the notice. However, the sheriff or coroner is not
required to file the notice until the attachment or execution plaintiff
provides the money to pay the clerk for filing and recording the
notice. 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 this
chapter, the clerk shall index the notices by the names of each party
whose interest in the real estate might be affected by the suit,
attachment, or execution. The clerk shall maintain entries for each
notice listing:
(1) the plaintiff versus the names of all the defendants; and
(2) each defendant whose real estate is sought to be affected at
the 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, right
to, or interest in the real estate;
the court rendering the judgment shall order the proper clerk to enter
in the lis pendens record a satisfaction of the lien, right, or interest
sought 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 is
satisfied; or
(2) the execution is satisfied without a sale of the lands seized
or levied upon, or upon a redemption of the real estate within
the time allowed by law after a sale of the real estate upon
execution.
(b) The clerk of the court that issued the attachment or execution
shall make a certificate of the dismissal or satisfaction and:
(1) enter the certificate upon the lis pendens record, if the
appropriate record is kept in that clerk's office; or
(2) forward the certificate to the county in which the real estate
is located, to be recorded in the lis pendens record of that
county.
(c) When the certificate is entered or recorded, the real estate is
discharged 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 required
written 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 of
real estate under execution in the cases mentioned in section 5
of this chapter.
(b) Actions referred to in subsection (a) do not:
(1) operate as constructive notice of the pendency of the suit or
of the seizure of or levy upon the real estate; or
(2) have any force or effect as against bona fide purchasers or
encumbrancers of the real estate;
until the notices required by this section are filed with the proper
clerk. 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 ex
parte, that affect the disposition of real estate.
(b) Orders described in subsection (a) may be recorded in the lis
pendens record kept in the office of the clerk of the county in which
the real estate affected is located.
(c) An order recorded under subsection (b) shall be notice of the
matters set forth in the order to all persons that are or may become
interested in the real estate, and the provisions of the order take
effect upon the real estate against any subsequent disposition of the
real estate. As added by P.L.2-2002, SEC.15.
IC 32-30-11-1 "Lis pendens record"
Sec. 1. Each clerk of the circuit court shall keep a book in the
office of the clerk called the "lis pendens record". The lis pendens
record 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 written
notice
Sec. 2. (a) This section applies to a suit commenced upon a bond
payable to the state in any of the courts of Indiana or in a district
court of the United States sitting in Indiana.
(b) The plaintiff in the case shall file with the clerk of the circuit
court a written notice containing:
(1) the title of the court; and
(2) the names of all parties to the suit and a statement that the
suit 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 United
States 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 real
estate upon any claim not founded upon:
(A) an instrument executed by the party having the legal title
to the real estate, as appears from the proper records of the
county, and recorded as required by law; or
(B) a judgment of record in the county in which the real
estate is located, against the party having the legal title to the
real estate, as appears from the proper records.
(b) The person shall file, with the clerk of the circuit court in each
county where the real estate sought to be affected is located, a
written 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 enforced
against 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 in
the lis pendens record; and
(2) note upon the record the day and hour when the notice was
filed 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 a
county in Indiana:
(1) seizes upon real estate or an interest in real estate by virtue
of a writ of attachment; or
(2) levies upon real estate or an interest in real estate by virtue
of an execution issued to the sheriff or coroner from any court
other than the court of the county in which the sheriff or
coroner resides.
(b) At the time of the seizure or levy, the sheriff or coroner shall
file with the clerk of the circuit court of the county a written notice
setting forth:
(1) the names of the parties to the proceedings upon which the
writ 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 this
chapter.
(c) The sheriff or coroner shall state, in the return to the
attachment or execution, that notice has been filed. The sheriff or
coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for
making and filing the notice. However, the sheriff or coroner is not
required to file the notice until the attachment or execution plaintiff
provides the money to pay the clerk for filing and recording the
notice. 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 this
chapter, the clerk shall index the notices by the names of each party
whose interest in the real estate might be affected by the suit,
attachment, or execution. The clerk shall maintain entries for each
notice listing:
(1) the plaintiff versus the names of all the defendants; and
(2) each defendant whose real estate is sought to be affected at
the 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, right
to, or interest in the real estate;
the court rendering the judgment shall order the proper clerk to enter
in the lis pendens record a satisfaction of the lien, right, or interest
sought 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 is
satisfied; or
(2) the execution is satisfied without a sale of the lands seized
or levied upon, or upon a redemption of the real estate within
the time allowed by law after a sale of the real estate upon
execution.
(b) The clerk of the court that issued the attachment or execution
shall make a certificate of the dismissal or satisfaction and:
(1) enter the certificate upon the lis pendens record, if the
appropriate record is kept in that clerk's office; or
(2) forward the certificate to the county in which the real estate
is located, to be recorded in the lis pendens record of that
county.
(c) When the certificate is entered or recorded, the real estate is
discharged 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 required
written 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 of
real estate under execution in the cases mentioned in section 5
of this chapter.
(b) Actions referred to in subsection (a) do not:
(1) operate as constructive notice of the pendency of the suit or
of the seizure of or levy upon the real estate; or
(2) have any force or effect as against bona fide purchasers or
encumbrancers of the real estate;
until the notices required by this section are filed with the proper
clerk. 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 ex
parte, that affect the disposition of real estate.
(b) Orders described in subsection (a) may be recorded in the lis
pendens record kept in the office of the clerk of the county in which
the real estate affected is located.
(c) An order recorded under subsection (b) shall be notice of the
matters set forth in the order to all persons that are or may become
interested in the real estate, and the provisions of the order take
effect upon the real estate against any subsequent disposition of the
real estate. As added by P.L.2-2002, SEC.15.
