How do I remove a lien from my property?

To remove a lien from your property, you must complete the payment obligations outlined in your lien agreement. Once fulfilled, request a lien release from the lienholder and file it with your local county recorder's office. This ensures the public records are updated to reflect that the lien has been discharged. Utilizing professionals in the arena of Indiana Partial Discharge of Lien - Corporation or LLC can assist you in this task.

How do you write a lien release letter?

Write your name and return address in the top three lines of the letter. Insert the complete date (month, day, year). Enter the recipient's name, title, company name and address on the next five lines. Greet the reader by writing "Dear (recipient's name):" Skip two lines. State the subject in a subject line.

US Legal Forms
Forms Catalog
Liens
Indiana Partial Discharge of Lien - Corporation or LLC

Indiana Partial Discharge of Lien - Corporation or LLC

Q: How does a mechanics lien work in Indiana?

Indiana&#039;s Mechanic&#039;s Lien Statute generally requires a claimant to record its mechanic&#039;s lien within 60 days for work on residential projects or work upon improvements related to a residential project, or 90 days for commercial and industrial projects, after performing labor or furnishing materials. Ind.

State:

Category:

Liens - Construction

Control #:

IN-09a-09

Format:

33 downloads

This form is part of a form package!

Get all related documents in one bundle, so you don’t have to search separately.

View package

What this document covers

The Partial Discharge of Lien form is designed for corporate or LLC lienholders to acknowledge receipt of payment for specific labor performed or materials furnished related to property improvements. This form serves to discharge only a portion of a mechanic's lien, clarifying the extent of the lien claimant's rights concerning the property based on the provided work or materials. It differs from a full lien discharge by indicating that only part of the lien is addressed.

Key components of this form

Identification of the parties involved, including the lienholder and the payer.
Details of the payment amount and description of the labor or materials provided.
Specific property information where improvements were made, including the legal description.
A declaration of the portion of the mechanic's lien being discharged.
Signature and date fields for both parties and a notary public.
An affirmation statement regarding redaction of social security numbers.

Discharge of Lien - Corporation or LLC

View this form

Partial Discharge of Lien - Individual

View this form

Waiver of Lien by Artisan

View this form

Release of Mortgage of Lien

View this form

Basic Stop Notice

View this form

When to use this document

This form is used when a lienholder, such as a corporation or LLC, has received part payment for work completed or materials supplied for property improvements. It is crucial in situations where a partial payment has been made, and the lienholder wants to formally acknowledge this while keeping the remaining lien intact for any unpaid amounts.

Who should use this form

Lienholders such as corporations or LLCs that have filed a mechanic's lien against a property.
Contractors or suppliers who have completed labor or provided materials for property improvements.
Property owners who have made partial payments and need to document the discharge of a portion of a lien.

Steps to complete this form

Identify the parties involved, including the lienholder and the entity making the payment.
Enter the date of acknowledgment and the amount received as payment.
Describe the specific labor and/or materials that were contributed to the property improvements.
Specify the property address and include the legal description.
Sign the form, and ensure the notary public additional fields are completed for authentication.
Affirm and ensure any social security numbers are redacted as required.

Does this document require notarization?

Yes, this form must be notarized to be legally valid. It requires the signature of a notary public as part of the execution process. US Legal Forms provides integrated online notarization, allowing users to complete this process through a secure video call conveniently.

Built-in online Word editor

Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Export easily

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

E-sign your document

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

Notarize online 24/7

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

Store your document securely

We protect your documents and personal data by following strict security and privacy standards.

Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

Failing to provide a clear description of the labor performed or materials furnished.
Not entering the legal description of the property accurately.
Inadequate signatures or neglecting the notary section.
Leaving out the affirmation statement regarding social security numbers.

Why complete this form online

Convenience of downloading and filling out the form at any time.
Editable templates allow users to tailor the information to their specific needs.
Access to forms drafted by licensed attorneys, ensuring legal accuracy and completeness.
Secure information management without the need for physical document handling.

Looking for another form?

This field is required

Construction Lien Mechanics Lien Lien Waiver Release of Lien Pre-Lien Notice

Form popularity

FAQ

To remove a lien from your property, you must complete the payment obligations outlined in your lien agreement. Once fulfilled, request a lien release from the lienholder and file it with your local county recorder's office. This ensures the public records are updated to reflect that the lien has been discharged. Utilizing professionals in the arena of Indiana Partial Discharge of Lien - Corporation or LLC can assist you in this task.

Write your name and return address in the top three lines of the letter. Insert the complete date (month, day, year). Enter the recipient's name, title, company name and address on the next five lines. Greet the reader by writing "Dear (recipient's name):" Skip two lines. State the subject in a subject line.

The individual lienholder must sign off in the proper lien release section on the certificate of title; The vehicle owner must obtain a lien release letter; or. The vehicle owner must obtain a general Affidavit State Form 37964 that is signed by the individual lienholder.

You may use our online services or search records at the Marion County Recorder's Office to see if there is a lien on your property. If a lien is filed against your property, contact the lienholder for more information. Generally, the lienholder is the only party able to release the lien.

Indiana's Mechanic's Lien Statute generally requires a claimant to record its mechanic's lien within 60 days for work on residential projects or work upon improvements related to a residential project, or 90 days for commercial and industrial projects, after performing labor or furnishing materials. Ind.

Indiana claimants must record their mechanics lien with the recorder's office in the county where the property is located. Claimants must provide at least two copies of the Indiana mechanics lien form.

Petition and Order for Replacement Certificate of Title (PDF)Opens a New Window.

View this form

Indiana Release and Authorization

View this form

Indiana Release and Authorization

View this form

Affidavit for Default (PDF)Opens a New Window.

View this form

Alias Small Claims Complaint (PDF)Opens a New Window.

View this form

Trusted and secure by over 3 million people of the world’s leading companies

Partial Discharge of Lien - Corporation or LLC

Note: This summary is not intended to be an all inclusive discussion of Indiana’s Mechanic’s Lien Statute as it applies to private project construction, but does include basic provisions. Where can I find the Indiana Mechanic’s Lien Laws for Private Construction? See Indiana Code, Title 32 – Property, Article 28 – Liens on Real Property. What is a Construction or Mechanic’s Lien? A mechanic’s or construction lien is a statutory lien created in favor of contractors, laborers and materialmen who have performed work or furnished materials in the construction or repair of a building or other real property. The lien attaches to the real property improved by the labor and / or material. The lien has the effect of encumbering the property, thereby insuring payment for the lien holders work, materials or equipment. How does the mechanic’s lien assist the collection of monies relating to the private projects or improvements? The Indiana Mechanics’ Lien Statute provides for the ultimate seizure and sale of the property owner’s interest in the real estate to recover the unpaid debt, costs and reasonable attorney’s fees. There are basically three steps in the process: (1) File and “perfect” the Lien; (2) file the lawsuit; and (3) obtain a judgment and execute on that judgment. What does “perfecting a lien” mean? It means to satisfy or complete each of the statutorily prescribed steps a lienholder must take in order to establish a legally enforceable lien on the property of another. Is it possible in Indiana to agree by contract between the owner and the principal contractor that a lien shall not attach to the real estate, building, structure or any other improvement of the owner? Yes, a contract for the construction, alteration or repair of a Class 2 structure (structure containing one or two dwelling units), or improvement to that structure; construction, alteration or repair of property associated with power generation; or, to prepare property for Class 2 residential construction, may contain a provision in the contract between the owner and the principal contractor that a lien may not attach to the real estate, building, structure, or any other improvement of the owner. BUT, such a contract must satisfy the following requirements: (1) be in writing; (2) contain specific reference by legal description of the real estate to be improved; (3) be acknowledged as provided in the case of deeds; and (4) be filed and recorded in the recorder’s office of the county in which the real estate, building, structure, or other improvement is situated not more than five (5) days after the date of execution of the contract. Note that such a contract is not retroactive and will not affect a lien for labor, material, or machinery supplied before the filing of the contract with the recorder. See I.C. § 32-28-3-1(e)-(g). Who can file a mechanic’s lien in Indiana? Indiana statutes permit a lien claim by any person that sells or furnishes on credit any material, labor or machinery for (a) the alteration or repair of a any owner occupied single or double family dwelling, or (b) the original construction of a single or double family dwelling, or (c) construction, alteration, or repair of a Class 2 structure as defined by IC 22-12-1-5. For general commercial construction and unique types of construction that may also qualify for a lien, see IC 32-8-3-1. What type of notice is required before the mechanic’s lien will attach? The Indiana Code distinguishes between parties dealing directly with the property owner (“in privity of contract”) and those not dealing directly with the property owner (“not in privity of contract”). The issue is simply one of notice. A one to one relationship leads to the inference that the owner would be aware of the contract with the individual claiming the lien. Anyone furnishing material, labor or machinery for the “alteration or repair” of an owner occupied single or double family dwelling, and who is not “in privity,” must furnish a written notice of the delivery of materials or labor performed and of the existence of lien rights not later than thirty (30) days after the date of first delivery or labor performed. . See I.C. § 32-28-3-1(h) and Forms IN-01-09 and IN-01A-09. Anyone furnishing material, labor or machinery for the “original construction” of a single or double family dwelling for the intended occupancy of the owner and who is not “in privity” must furnish a written notice of the delivery or work and of the existence of lien rights to the owner, and record a copy in the county recorder’s office, and not later than sixty (60) days after the date of first delivery or labor performed. See I.C. § 32-28-3-1(i) and Forms IN-02-09 and IN-02A-09. Anyone furnishing material, labor or machinery on a commercial construction project need not file a “notice of furnishing” or give another form of notice to the owner that they are on the job and providing material or services that may result in a lien. How is the Lien “filed” or “perfected” in Indiana? Once again it depends on the whether the claimant has a direct relationship with the owner determines the method for “filing” or “perfecting” the lien. It is a 2 Step Process if there is no privity with the owner and the project concerns a property that the owner intends to occupy: A. Within thirty (30) days of the supplier first supplying labor, materials or equipment on the job site, the contractor or supplier must serve the property owners with written notice that the contractor has supplied labor, materials or equipment for the owner’s project and that the contractor or supplier has lien rights. See I.C. § 32-28-3-3(h) and Forms IN-01-09 and IN-01A-09 for property involving alteration or repairs. See I.C. § 32-28-3-3(i) and Forms IN-02-09 and IN-02A-09 for property involving new or original construction. B. Within sixty (60) days of the last day the contractor or supplier, described in A., provided labor, materials or equipment on the job site, the contractor or supplier must file a NOTICE OF LIEN with the Recorder’s Office in the County where the project is located. See I.C. § 32-28-3-3 and Forms IN-03-09 and IN-03A-09 OR IN-04-09 and IN-04A-09. For “In Privity” Claimants and Commercial or Industrial Contractors and Suppliers providing labor, materials or equipment on a commercial construction project, regardless of privity, they need only carry out one step in order to perfect their lien: File the Notice of Mechanics Lien within 60 days of last day labor, materials or equipment was supplied. See I.C. § 32-28-3-3 and Forms IN-03-09 and IN-03A-09. How long does the Lien remain enforceable? In Indiana, as a general rule, the lien holder must file a suit to enforce his lien within one (1) year of the filing of his Claim of Lien or have his lien rendered null and void. Indiana statute does allow for the extension of this period if the leinholder and all parties with an interest in the property file a written agreement to that effect within the one (1) year period. IC 32-8-3-6(a)(2). Are Indiana mechanic’s liens assignable? Indiana statutes on construction liens do not specifically speak to whether liens may be assigned to other parties. Does this State require a notice prior to starting work, or after work has been completed? No. Indiana statutes do not require a Notice of Commencement or a Notice of Completion as in some other States. Does this State permit a person with an interest in property to deny responsibility for improvements? No. Indiana statutes do not have a provision which permits the denial of responsibility for improvements. Is a notice attesting to the discharge or satisfaction of a lien provided for or required in Indiana? When the lien is satisfied, the holder or custodian of a mechanic’s lien must discharge, release and acknowledge satisfaction of the mechanic’s lien using an instrument that complies with statute. See I.C. § 32-28-1-1 and Forms: Discharge – IN-08-09, IN-08A-09; Partial Discharge – IN-09-09, IN-09A-09. IN-010-09, IN-010A-09. Does the law in Indiana provide for a penalty is a lien holder wrongfully refuses to discharge or acknowledge satisfaction of the lien? Yes. If the owner, or other person having the right to demand the release of the lien makes a written demand in proper form to the holder or owner of the lien to discharge or acknowledge satisfaction of the lien and the lien holder refuses to act after 15 days of receipt, the court can order a penalty up to a maximum of $500.00, costs and a reasonable attorneys fee. See I.C. § 32-28-1-2. Does the Indiana Code contain other provisions relating to the release of mechanic’s liens? Yes. See Chapter 6, § § 32-28-6-1 and 32-28-6-2 which provides penalties when a lienholder refuses to release a lien that has been paid. This subsection provides for the filing of a affidavit by the owner or other party with an interest attesting to (1) lapse of 13 months or more since the lien was filed; (2) no suit has been filed for enforcement of the lien; and (3) no unsatisfied judgment has been rendered on the lien. See IN-08-09 Release of Lien as an example of a form that could be used by a lien holder to provide a property owner with documentation that the lien has been satisfied after payment in full. Does Indiana have a mechanism for the owner to use in shortening the one year window for enforcement of the lien? Indiana law does permit a property owner to serve a Notice of Demand to Commence Suit (Form IN-06-09 and IN-06A-09) upon a lien holder. The lien holder then has thirty (30) days from receipt of that demand to file suit or have his lien rendered null and void. After thirty (30) days the property owner or other party in interest may file with the county recorder an affidavit which states that a demand to commence suit was made and time within which to respond has expired. See IN-011-09 and IN-011A-09. Indiana law requires a county recorder to certify in the county record that said lien is fully released. IC 32-8-3-10. Does this Indiana permit the use of a bond to release a lien? Yes. Indiana statute states that “In all proceedings commenced to enforce the lien, the defendant or owner of the property… may file in such proceedings a written undertaking with surety to be approved by the court … Upon the filing of such an undertaking, the court shall enter an order releasing said property from such lien and thereafter such property shall be discharged from said lien.” IC 32-8-3-11.

Partial Discharge of Lien - Corporation or LLC

Indiana Partial Discharge of Lien - Corporation or LLC

This form is part of a form package!

What this document covers

Key components of this form

Related forms

When to use this document

Who should use this form

Steps to complete this form

Does this document require notarization?

Get your form ready online

Mistakes to watch out for

Why complete this form online

Looking for another form?

Form popularity

FAQ

How do I remove a lien from my property?

How do you write a lien release letter?

How do you put a lien on a vehicle in Indiana?

How do you find out if there is a lien on a property in Indiana?

How does a mechanics lien work in Indiana?

How do I put a lien on a property in Indiana?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies