Indiana HOA Liens

Started by KentP • 1 replies • 1656 views

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KentP (Indiana)
Posts: 1

Posted:

In Indiana, after notice of a lien is filed you have to wait at least (1) one year and no more than (5) years to bring a lawsuit to foreclose the lien.

If a lien is recorded and then a year passes where the same homeowner is delinquent again, does another separate lien have to be filed followed by another year of waiting (and two separate lawsuits to foreclose the liens) or can the subsequent amount be added to the first lien?

Thanks

SheliaH (Indiana)
Posts: 6,964

Posted:

You'd think I'd know this, given the numberof liens I've signed on behalf of my HOA (I'm treasurer), but alas, I'm not sure - I don't think it's necessary, but you need to check with your attorney.

By the way, you should also be aware that the state Supreme Court changed its trial rules - beginning this year, HOAs (and other folks who sue) will have to provide an itemized list of charges that the defendant is being sued for at the time the lawsuit is filed. If you have some sort of "balance forward" from another year on your books, you'll have to be specific as to what that consists of (late fees, assessments, etc) Talk to your attorney about this as well.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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