Indiana Judgments/Liens Indiana Statue of Limitations

Indiana Judgments/Liens

Indiana Statue of Limitations

?Civil Judgments~Domestic/Foreign: 10 years (can be renewed for additional ten years but rarely are)

?State Tax Warrants: 10 years (are often renewed for an additional 10 years)

?Mechanic's Liens: 13 months then, if not paid, claimant must file suit in civil court

?Sewer Liens: recorded in office of county recorder and will be posted as a special assessment on real estate tax parcel. If remaining unpaid for two years, real estate can be offered in county tax sale to satisfy the delinquencies. After purchased at tax sale, owner has one year to redeem. If not redeemed, tax deed is issued to purchaser. Marion County does not automatically release paid sewer liens in the recorder's office. The owner or agent must request a release from the Department of Public Works and pay the county recording fee. One can, however, determine if the lien is paid because it will be posted in the treasurer's office on the property tax parcel.

?Homeowner's Association Liens: As of July 1, 2009, HOA has 5 years after date lien is recorded to foreclose, but cannot forclose earlier than 1 year after date lien is recorded.

?Health and Hospital Liens: This is work done by county on real estate that is in violation of local building codes and ordinances: boarding of unsafe buildings, municipal order of repair, demolition under building code, removal of weeds and trash. These require an order recorded in the office of county recorder, and are certified to auditor via collecton on tax rolls, and entered as a judgment in office of county clerk. Order expires two years from date of recording unless: complaint for judicial review filed, contract let for bid, or civil action filed by enforcement authority. Usually sold by county auditor at tax sale.

?State tax warrants reference either last four-digits of taxpayer's SSN or EID.

?Civil cases rarely reference any type of defendant identification number because none is required by the court. This includes SSN and loan account numbers. When court copies are requested from the county, if either of these identification numbers are found in the court documents, they are redacted by clerk before released for public access.

?As to In Rem and In Personam foreclosure judgments, in Indiana an abstractor's job and an examiner's job are distinctly separate. The abstractor locates and reports everything that may apply to the real estate or owner, including unreleased judgments. The examiner then must make the determination as to whether these affect title. ASK's liability requires that we report all unsatisfied judgments, including foreclosures on other real estate, for a period of ten years. If the foreclosure is not our subject property, abstractor could note the legal description of the real estate and whether the judgment was rendered In Rem or In Personam and refrain from providing a copy. Client would need to specifically request this on order.

?For complete explanation of Indiana Public Records law, please go to

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