Elkhart County Notice of Intention to Hold Lien Form (Indiana)

The following Indiana and Elkhart County supplemental forms are included as a courtesy with your order:

When using these Notice of Intention to Hold Lien forms, the subject real estate must be physically located in Elkhart County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Elkhart County include:

• Bristol
• Elkhart
• Goshen
• Middlebury
• Millersburg
• Nappanee
• New Paris
• Wakarusa

A Notice of Intention to Hold a Mechanic's Lien is a required pre-lien notice used to make property owners aware that there may be lien rights exercised on their property.

Any person who wishes to acquire a lien upon public property or property held by three or more tenants, whether the claim is due or not, must file in duplicate a sworn statement and notice of the person's intention to hold a lien upon the property for the amount of the claim: (1) in the recorder's office of the county; and (2) not later than ninety (90) days after performing labor or furnishing materials or machinery. IC 32-28-3-3(a).

Any person who wishes to acquire a lien upon property held as a dwelling unit, whether the claim is due or not, must file in duplicate a sworn statement and notice of the person's intention to hold a lien upon the property for the amount of the claim: (1) in the recorder's office of the county; and (2) not later than sixty (60) days after performing labor or furnishing materials or machinery. IC 32-28-3-3(b).

The statement and notice of intention to hold a lien may be verified and filed on behalf of a client by an attorney registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court. Id.

A statement and notice of intention to hold a lien filed under this section must specifically set forth: (1) the amount claimed; (2) the name and address of the claimant; (3) the owner's: (A) name; and (B) latest address as shown on the property tax records of the county; and (4) the: (A) legal description; and (B) street and number, if any; of the lot or land on which the house, mill, manufactory or other buildings, bridge, reservoir, system of waterworks, or other structure may stand or be connected with or to which it may be removed. IC 32-28-3-3(c).

This article is provided for informational purposes only and should not be relied upon as a substitute for advice from an attorney. Please consult with an Indiana attorney for any questions regarding mechanic's liens.

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