Sec. 7. (a) If a lienholder fails to commence suit after notice to commence suit is sent under section 6 of this chapter, a property owner may file an affidavit of service of notice to commence suit with the recorder of the county in which the statement of intention to hold a common law lien was recorded. The affidavit must: (1) include: (A) the date the notice to commence suit was mailed to the lienholder; (B) a statement that at least thirty (30) days have elapsed from the date the notice to commence suit was mailed to the lienholder; (C) a statement that a suit for foreclosure of the common law lien has not been filed and is not pending; (D) a statement that an unsatisfied judgment has not been rendered on the common law lien; and (E) a cross-reference specifying the record of the county recorder containing the statement of intention to hold a common law lien; and (2) have attached to it a copy of the notice to commence suit that was sent to the lienholder under section 6 of this chapter. the (b) The real or personal property against which the lien has been filed is released from the common law lien when the county recorder: (1) records the affidavit of service of notice to commence suit in the miscellaneous record book of the recorder's office; and (2) certifies in the county recorder's records that the lien is released. (c) The county recorder shall collect a fee for filing the affidavit of service of notice to commence suit under the fee schedule established in IC 36-2-7-10 . [Pre-2002 Recodification Citation: 32-8-39-5.]
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