Elkhart County Notice of Intention to Hold Lien Form

Additional Indiana and Elkhart County documents included at no extra charge:

Where to Record Your Documents

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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

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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.

Important: Your property must be located in Elkhart County to use these forms. Documents should be recorded at the office below.

This Notice of Intention to Hold Lien meets all recording requirements specific to Elkhart County.

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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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