Legal Question in Construction Law in Indiana

How do I forclose on a comercial property I have a mechanics lien on in Indiana?


Asked on 2/26/11, 12:21 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You file a foreclosure complaint against all entitities and persons who may have an interest in the property.

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Answered on 2/26/11, 3:40 pm
Raymond Basile Mercer Belanger, P.C.

You should also be aware that you have only one year from the date on which you record the Mechanic's Lien to file a lawsuit to foreclose upon it. If you do not, the Mechanic's Lien is voided automatically and you cannot foreclose on it. Note also that while relatively uncommon, an owner has a right to send you notice demanding that you foreclose on the Mechanic's Lien or release it within 30 days. If you receive such a letter, you must foreclose not within 1 year, but instead within 30 days of the letter or else the Mechanic's Lien is voided and cannot be foreclosed upon.

This response is provided for informational purposes and is not intended to serve as legal advice. You should consult with an attorney or tax professional to discuss the facts of your particular situation which may lead to additional issues or a different strategy.

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Answered on 2/28/11, 4:35 am


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