Title 32, PROPERTY

Sec. 8. (a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint: (1) may not be filed earlier than ninety (90) days,…

Sec. 9. (a) A homeowners association lien under this chapter is void if both of the following occur: (1) The owner of the real estate subject to the homeowners association lien or any person or corporation having an interest in the real estate, including a mortgagee or a lienhold…

Sec. 1. Unless requested, a clerk is not required to make a complete record of the proceedings in actions to quiet title. A record of the judgment in such cases, when properly recorded in the office of the county recorder, is sufficient. [Pre-2002 Recodification Citation: 32-15-1…

Sec. 1. (a) All persons, firms, limited liability companies, and corporations engaged in the business of storing, warehousing, and forwarding goods, wares, and merchandise have a lien upon all goods, wares, and merchandise left with them for storage, warehousing, or forwarding, t…

Sec. 2. (a) If goods, wares, or merchandise have remained in the possession of a person, firm, limited liability company, or corporation described in section 1 of this chapter for a period of at least six (6) months without the payment of the charges due, the goods, wares, or mer…

Sec. 3. The proceeds of a sale under section 2 of this chapter, after payment of all lien charges, together with the expenses of notice and sale, shall, if the owner is absent from the sale, be deposited with the county treasurer of the county in which the sale occurred. A receip…

Sec. 1. As used in this chapter, "discriminatory restrictive covenant" means any restrictive covenant on real property which, if enforced, would violate: (1) the prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, colo…

Sec. 2. A person who discovers a recorded discriminatory restrictive covenant may: (1) with the consent of all parties to a real estate transaction, include in any deed, mortgage, or other instrument filed for recording in connection with the transaction a statement that the disc…

Sec. 3. The statement or notice described in section 2 of this chapter shall be in a form substantially consistent with the following: "The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individu…

Sec. 4. A person who in good faith: (1) prepares or causes to be prepared; or (2) records or causes to be recorded; a statement or notice under section 2 of this chapter is immune from liability for incorrectly stating that the restrictive covenant is discriminatory. As added by …

Note: This version of section amended by P.L.115-2026, SEC.73. See also preceding version of this section amended by P.L.105-2026, SEC.12. Sec. 1. (a) Except as otherwise provided in this chapter, this chapter does not apply to a residential real estate service agreement entered …

Sec. 10. A service provider that: (1) enters into a residential real estate service agreement with any person; or (2) records, or causes to be recorded, a residential real estate service agreement in Indiana; after March 14, 2024, commits a deceptive act that is subject to the re…

Sec. 2. As used in this chapter, "person" means: (1) a natural person; or (2) an organization, including a corporation, a partnership, a proprietorship, an association, a cooperative, an estate, a trust, or another legal entity. As added by P.L.62-2024, SEC.1.

Sec. 3. As used in this chapter, "record" means to record a record (as defined in IC 32-17.5-3-3(a)) with a county recorder in accordance with Indiana law. As added by P.L.62-2024, SEC.1.

Sec. 4. As used in this chapter, "residential real estate" means real property: (1) that is located in Indiana; and (2) upon which is constructed or intended to be constructed a dwelling that contains one (1) to four (4) units. As added by P.L.62-2024, SEC.1.

Sec. 5. (a) As used in this chapter, "residential real estate service agreement" means an agreement: (1) under which a service provider agrees to provide one (1) or more services: (A) in connection with the maintenance, purchase, or sale of residential real estate; and (B) that a…

Sec. 6. As used in this chapter, "service provider" means a person that provides services or products to a consumer. As added by P.L.62-2024, SEC.1.

Sec. 7. A residential real estate service agreement that is entered into after March 14, 2024, is void and unenforceable. As added by P.L.62-2024, SEC.1.

14, 2024; immunity from liability; lien Sec. 8. (a) After March 14, 2024, a person shall not record, or cause to be recorded, a residential real estate service agreement in Indiana, regardless of when the residential real estate service agreement was entered into. (b) A county re…

Sec. 9. (a) If a residential real estate service agreement is recorded in Indiana after March 14, 2024, any person with an interest in the residential real estate that is the subject of the residential real estate service agreement may: (1) in accordance with IC 34-14-1, apply to…

Sec. 1. Unless otherwise provided in this title or another law, a cause of action concerning real property must be brought within the time specified in IC 34-11. [2002 Recodification Citation: New.] As added by P.L.2-2002, SEC.15.

Sec. 1. A person who engages in the business of altering or repairing electronic home entertainment equipment has a lien on that equipment to the extent of the reasonable value of labor performed and materials used for which the person has not been paid. [Pre-2002 Recodification …

Sec. 2. If the lienholder has not been paid within sixty (60) days after payment becomes overdue, the lienholder may sell the equipment at auction if: (1) the equipment is still in the lienholder's possession; and (2) the lienholder complies with section 3 of this chapter. [Pre-2…

Sec. 3. (a) Before a lienholder may sell the equipment, the lienholder must, by certified mail, return receipt requested, notify the owner and any person whose security interest is perfected by filing concerning the following: (1) The lienholder's intention to sell the equipment …

Sec. 4. If the sale is for a sum greater than the amount of the lien, any excess shall be paid to the owner and any prior lienholder. [Pre-2002 Recodification Citation: 32-8-36-4.] As added by P.L.2-2002, SEC.18.

Sec. 1. (a) This chapter does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction. (b) This chapter does not apply to a business to business credit memorandum or a credit balance resulting fr…

Sec. 10. At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned. As added by P.L.141-2021, SEC.20.

Sec. 11. (a) The period after which property is presumed abandoned is measured from the later of: (1) the date the property is presumed abandoned under this chapter; or (2) the latest indication of interest by the apparent owner in the property. (b) Under this chapter, an indicat…

Sec. 12. (a) As used in this section, "death master file" means the United States Social Security Administration Death Master File or other data base or service that is at least as comprehensive as the United States Social Security Administration Death Master File for determining…

Sec. 13. If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other …

Sec. 14. (a) The following rules apply under this section: (1) The last known address of an apparent owner is any description, code, or other indication of the location of the apparent owner which identifies the state, even if the description, code, or indication of location is n…

Sec. 15. Except as provided in sections 12, 13, and 14 of this chapter, the attorney general may take custody of property presumed abandoned whether located in this state or another state if: (1) the transaction out of which the property arose took place in this state; (2) the ho…

Sec. 16. The attorney general may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. 2501 through 2503. As added by P.L.141-2021, SEC.20.

Sec. 17. If a holder disputes the attorney general's right to custody of unclaimed property, the attorney general has the burden to prove: (1) the existence and amount of the property; (2) the property is presumed abandoned; and (3) the property is subject to the custody of the a…

Sec. 18. (a) A holder of property presumed abandoned and subject to the custody of the attorney general must report in an electronic record to the attorney general concerning the property. The attorney general may not require a holder to file a paper report. (b) A holder may cont…

Sec. 19. (a) The report required under section 18 of this chapter must: (1) be signed by or on behalf of the holder and verified as to its completeness and accuracy; (2) be filed electronically, and be in a secure format approved by the attorney general which protects confidentia…

Sec. 2. This chapter may be cited as the "revised unclaimed property act". As added by P.L.141-2021, SEC.20.

Sec. 20. (a) Except as otherwise provided in subsection (b) and subject to subsection (c), the report required under section 18 of this chapter must be filed before November 1 of each year and cover the twelve (12) months preceding July 1 of that year. (b) Subject to subsection (…

Sec. 21. A holder required to file a report under section 18 of this chapter must retain records for ten (10) years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is provided by rule of the attorney g…

Sec. 22. Property is reportable and payable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment. As added by P.L.141-2021, SEC.20.

Sec. 23. (a) Subject to subsection (b), the holder of property presumed abandoned must send to the apparent owner notice by first class United States mail that complies with section 24 of this chapter in a format acceptable to the attorney general not more than one hundred eighty…

Sec. 24. (a) The notice under section 23 of this chapter must contain a heading that reads substantially as follows: "Notice. The State of Indiana requires us to notify you that your property may be transferred to the custody of the attorney general if you do not contact us befor…

Sec. 25. (a) The attorney general shall give notice to an apparent owner that property presumed abandoned and appearing to be owned by the apparent owner is held by the attorney general under this chapter by maintaining a website or data base accessible by the public and electron…

Sec. 26. Unless prohibited by law other than this chapter, on request of the attorney general, each officer, agency, board, commission, division, and department of the state, any body politic and corporate created by this state for a public purpose, and each political subdivision…

Sec. 27. In this chapter, payment or delivery of property is made in good faith if a holder: (1) had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the attorney general under this chapter; or…

Sec. 28. (a) A holder may deduct a dormancy charge from property required to be paid or delivered to the attorney general if: (1) a valid contract between the holder and the apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property …