DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Indiana

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Indiana, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/indiana · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkNo mechanic's lien has priority over another mechanic's lien.

Indiana at a Glance

Topic Indiana answer Where it comes from
Lien filing Sworn statement and notice of intention to hold a lien, recorded within 90 days after last work (60 days for Class 2 residential structures) IC 32-28-3-3
When the lien exists Created when recorded, then relates back to when that claimant began work IC 32-28-3-5(b)
Liens among themselves No mechanic's lien has priority over another IC 32-28-3-5(c)
Lender protection A recorded mortgage beats liens recorded later, to the extent of funds owed for the project (not for Class 2 residential or utility property) IC 32-28-3-5(d)
Suit Within 1 year after recording (or after a written, recorded credit expires) IC 32-28-3-6
Recording act Race-notice: priority by time of recording IC 32-21-4-1
Preparer statement Instruments show who prepared them, plus a Social Security number redaction affirmation IC 36-2-11-15
Deed transfer tax None found; a sales disclosure form ($20 fee) is filed instead IC 6-1.1-5.5-3, -4
Mortgage/indebtedness tax None found (no state statute found)
Future advances Mortgage may secure future obligations and advances up to the stated maximum, optional or obligatory, with the mortgage's priority IC 32-29-1-10
Title premium regulation Filed with the Commissioner 30 days before use; considered approved unless disapproved; rates posted on the IDOI comparison tool IC 27-1-22-28

1. Mechanic's Lien Rules

Plain English

Indiana claimants record a sworn statement and notice of intention to hold a lien with the county recorder within 90 days after their last work, or 60 days for a Class 2 structure (generally one- and two-family homes and townhouses). The recorder mails a copy to the owner. When it's recorded, the lien relates back to the day that claimant started work. Mechanic's liens don't outrank each other. Indiana gives lenders a useful rule: a recorded mortgage has priority over liens recorded after it, to the extent of money owed for the project, but that protection doesn't apply to Class 2 residential work or utility property. Suit must be filed within 1 year after recording, or the lien is void.

Key Rules

Recording (IC 32-28-3-3). Sworn statement and notice of intention to hold a lien, recorded in duplicate within 90 days after last work (60 days for Class 2 structures and auxiliary improvements). The recorder mails a copy to the owner within 3 business days.

Creation and priority (IC 32-28-3-5(b), (c)). The lien is created when recorded and relates back to the date the claimant began work. Mechanic's liens do not have priority over one another.

Lender priority (IC 32-28-3-5(d)). A lender's mortgage has priority over liens recorded after it, to the extent of funds actually owed for the specific project; not applicable to Class 2 structures or certain utility property.

Suit (IC 32-28-3-6). Complaint within 1 year after recording, or after a written credit (signed by the lienholder and all owners and recorded within the year) expires.

Residential pre-lien notices (IC 32-28-3-1(h), (i)). A supplier who furnishes on credit to someone other than the owner must give the occupying owner written notice within 30 days of first delivery for alteration or repair of an owner-occupied single- or double-family dwelling. For original construction of such a dwelling for the owner's occupancy, notice must be given to the owner and filed with the recorder within 60 days. Either notice is a condition of the lien.

New-home buyers (IC 32-28-3-1(j)). A lien for original construction does not attach against an innocent purchaser for value of a single- or double-family dwelling for occupancy unless the notice of intention to hold a lien is recorded before the purchaser's deed.

Owner's demand to sue (IC 32-28-3-10). An owner or anyone with an interest (including a mortgagee) may give written notice to sue; if the lienholder does not file a foreclosure action within 30 days after receiving it, the lien is void. A recorded affidavit of service releases the real estate.

Practice Points

  1. Homes are different. The lender-priority rule in § 5(d) doesn't cover Class 2 structures, so relation back can put liens ahead of a residential construction mortgage.
  2. Get lien waivers and an owner's affidavit covering the last 90 days (60 for homes).
  3. After a year: a lien with no suit filed is void (§ 6(b)); confirm no suit or recorded credit.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Indiana deeds are recorded with the county recorder. The recording act is race-notice: conveyances and mortgages take priority by time of recording, and an unrecorded one is void against a later good-faith purchaser, lessee, or mortgagee for value who records first. Indiana also has a cure rule: an instrument that's recorded but has certain technical defects (for example, in the acknowledgment or formatting) is still validly recorded and gives constructive notice. Recorded instruments carry a "prepared by" statement and an affirmation about redacting Social Security numbers. Indiana has no transfer tax, but a sales disclosure form is filed with the county. Indiana allows remote notarial acts by notaries registered as remote notaries public, using technology the Secretary of State has approved.

Key Rules

  • Recording act (IC 32-21-4-1(b), (c)). Priority by time of recording; void against a later good-faith purchaser, lessee, or mortgagee for value whose instrument is first recorded.
  • Technical defects cured (IC 32-21-4-1(d)). Recorded instruments with listed defects (acknowledgment, technical requirements, executive-order acknowledgments, electronic records) are validly recorded and give constructive notice.
  • Preparer statement and SSN affirmation (IC 36-2-11-15). The recorder may accept an instrument only if it states "This instrument was prepared by (name)" and carries the affirmation that each Social Security number was redacted, unless required by law. Instruments executed or acknowledged outside Indiana, court orders, and wills are excluded.
  • Sales disclosure form (IC 6-1.1-5.5-3, -4). Before the deed is filed with the county auditor, the parties complete and sign the form and submit it to the county assessor for review; the filing fee is $20.
  • Remote notarization (IC 33-42-17-3). A registered remote notary public physically present in Indiana may take acknowledgments and other acts remotely using Secretary of State-approved audiovisual technology.

Practice Points

  1. Check the "prepared by" statement and SSN affirmation before recording.
  2. File the sales disclosure form with the deed.
  3. Who can sign for the LLC? Get written membership records; oral membership doesn't count (Andrew Nemeth Properties v. Panzica, 2025, section 7).

Citations

3. Securing Future Advances

Plain English

Indiana's statute is straightforward. A mortgage can secure future obligations and advances up to the maximum amount stated in the mortgage, whether the lender has to make them or makes them at its option, and even after the balance goes to zero. Those advances are secured as if made on the day the mortgage was signed, and they keep the priority the mortgage would otherwise have under the recording act. A mortgage can also secure future modifications, extensions, and renewals if it says so.

Key Rules

  • Future advances (IC 32-29-1-10(a)(1)). Secured up to the maximum amount stated in the mortgage, whether obligatory, optional, after a reduction to zero, or otherwise.
  • Modifications, extensions, renewals (IC 32-29-1-10(a)(2)). Secured if the mortgage says so.
  • Priority (IC 32-29-1-10(b)). Same priority the mortgage has under IC 32-21-4-1, regardless of when the advance occurs.

Practice Points

  1. Check the stated maximum. Advances above it aren't covered by the statute.
  2. Look for the modification and renewal language before insuring a modified loan's priority.
  3. Construction loans on homes: remember the mechanic's lien relation-back rule (section 1).

Citations

4. Subdivision Statutes and Regulations

Plain English

Indiana subdivision control is local. Under the 600 Series planning law, a city, town, or county plan commission adopts a subdivision control ordinance and approves plats (primary and secondary approval).

Key Rules

  • Subdivision control (IC 36-7-4-700 series). Plan commissions adopt subdivision control ordinances (§ 701) and grant primary (§ 702-707) and secondary (§ 709-710) plat approval.

Practice Points

  1. New lot? Get the recorded secondary plat and check plat covenants.
  2. Floating or blanket easements stay blanket. Decades of narrow use don't shrink them (Close Armstrong v. Trunkline Gas, 2026, section 7).
  3. Metes-and-bounds splits: confirm local approval or an exemption.

Citations

5. Title Premium Rates

Plain English

If the Commissioner doesn't disapprove a filing within the 30-day waiting period, it's considered approved. Insurers can also file through a licensed rating organization. Indiana also requires the Department of Insurance to keep a public Title Insurance Rate Comparison Tool listing every insurer's filed rates, including commitment and closing protection letter charges.

Key Rules

  • Rating organizations (IC 27-1-22-28(e)-(h)). Filings may be made by a licensed rating organization; the Commissioner approves or disapproves within the waiting period.
  • Comparison tool (IC 27-1-22-28(o)). The Department publishes every insurer's filed rates for consumers, including commitment and closing protection letter charges.
  • Title insurance enforcement fund fee (IC 27-7-3.6-7). The purchaser of a title policy pays the insurer a $5 fee per policy; the insurer keeps $2 and remits $3 to the Department.

Practice Points

  1. Quote only from the company's filed Indiana rates. They are also public on the IDOI comparison tool.
  2. Use only filed forms and endorsements.
  3. Collect the $5 enforcement fund fee on each policy (IC 27-7-3.6-7).

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Indiana has no transfer tax and no mortgage tax. A sales disclosure form goes to the county with most deeds, with a $20 fee. Recording fees are flat per document: $25 for a deed and $55 for a mortgage.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • None found. No state real estate transfer tax statute was found.
  • Sales disclosure form (IC 6-1.1-5.5-3) with a $20 filing fee paid to the county auditor (IC 6-1.1-5.5-4).

(b) Mortgage, indebtedness or intangible tax

  • None found. No Indiana statute imposing a mortgage, indebtedness or intangible tax was found, so future advances, credit lines, refinances and modifications carry only recording fees.

(c) Other recording taxes and fees

  • Flat recording fee per document (IC 36-2-7-10(c)): $25 for a deed or other instrument, $55 for a mortgage, with extra charges for pages larger than 8.5 by 14 inches. These fees supersede other recording fees (§ 10(b)).

Practice Points

  1. Complete the sales disclosure form and get the assessor's approval before the deed goes to the county auditor (IC 6-1.1-5.5-3(b)).
  2. No mortgage tax on loans.

Citations

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