Elkhart County Mechanics Lien Form

Elkhart County Mechanics Lien Form
Fill in the blank Mechanics Lien form formatted to comply with all Indiana recording and content requirements.

Elkhart County Mechanics Lien Guide
Line by line guide explaining every blank on the form.

Elkhart County Completed Example of the Mechanics Lien Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Indiana and Elkhart County documents included at no extra charge:
Where to Record Your Documents
Elkhart County Recorder
Goshen, Indiana 46526
Hours: Mon 8:00 to 5:00; Tue-Fri 8:00 to 4:00
Phone: (574) 535-6756
Recording Tips for Elkhart County:
- Ensure all signatures are in blue or black ink
- Check that your notary's commission hasn't expired
- Ask if they accept credit cards - many offices are cash/check only
Cities and Jurisdictions in Elkhart County
Properties in any of these areas use Elkhart County forms:
- Bristol
- Elkhart
- Goshen
- Middlebury
- Millersburg
- Nappanee
- New Paris
- Wakarusa
Hours, fees, requirements, and more for Elkhart County
How do I get my forms?
Forms are available for immediate download after payment. The Elkhart County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Elkhart County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Elkhart County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Elkhart County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Elkhart County?
Recording fees in Elkhart County vary. Contact the recorder's office at (574) 535-6756 for current fees.
Questions answered? Let's get started!
Mechanic's liens are used to compel an owner or other party to pay an outstanding bill for a work of improvement on real property. For instance, a contractor that completes work on a property might get stiffed on a bill due to disagreement about the scope of work or a baseless complaint about the finished job. Because liens prevent an owner from selling or refinancing a property (or make it difficult to do so), liens are an effective remedy for contractors and other parties to earn their payment.
In Indiana, mechanic's liens are available to a contractor, subcontractor, mechanic, or a lessor leasing construction and other equipment and tools. IC 32-28-3-1(a). Such liens can be granted to parties involved in the erection, alteration, repair, or removal of a house, mill, manufactory, or other building. Id. They are also available for operations involving waterworks, earthmoving, or other drainage and sewerage works. Id.
Any eligible claimant can get a lien, either separately or jointly, on the structure or property that the person erected, altered, repaired, moved, or removed. IC 32-28-3-1(b). The same terms apply to parties who furnished materials or machinery. Id. A claimant can also levy a lien on the interest of the owner of the lot or parcel of land on which the structure or improvement stands or with which the structure or improvement is connected. Id. The lien is limited, however, to the extent of the value of any labor done or the material furnished, or both, including any use of the leased equipment and tools. Id. For parties providing labor only, any claims for wages of employed mechanics and laborers will be in the form of a lien on the machinery, tools, stock, material, or finished or unfinished work. IC 32-28-3-1(c).
To claim a lien, the claimant selling or furnishing labor, material, or machinery for an owner occupied single or double family dwelling to anyone other than the occupying owner or the owner's legal representative, must furnish the occupying owner a written notice of the delivery or work and of the existence of lien rights not later than thirty (30) days after the date of first delivery or labor performed. IC 32-28-3-1(h). The Notice of Furnishing is a required step to acquire a lien upon the lot or parcel of land or the improvement on the lot or parcel of land. Id. If the project is a single or double family dwelling intended for the occupying owner, then the written notice must be furnished to the owner of the real estate along with a written notice of delivery or labor and the existence of lien rights not later than sixty (60) days after the date of the first delivery or labor performed. IC 32-28-3-1(i). Additionally, a copy of the written notice must be filed in the recorder's office of the county where the property is situated, not later than sixty (60) days after the date of the first delivery or labor performed. Id
Filing the actual mechanic's lien is accomplished by recording a document called a "Notice of Intention to Hold Mechanic's Lien." The required notices described above must have been sent or else the lien will be limited to any time after such notice is sent. 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 filing mechanic's liens.
Important: Your property must be located in Elkhart County to use these forms. Documents should be recorded at the office below.
This Mechanics Lien meets all recording requirements specific to Elkhart County.
Our Promise
The documents you receive here will meet, or exceed, the Elkhart County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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