Indiana Lien Search

An Indiana lien search is the process of checking whether a lien exists on a personal property or piece of real estate in Indiana. Lien searches in the state are mainly conducted by requesting property records from government custodians, such as the county recorder's office of the county where the property or piece of real estate is located. 

Property owners and intending property owners in Indiana do lien searches to verify property titles, uncover risks, and protect financial interests. A lien search is recommended for lenders, potential home buyers and sellers, and property investors as part of due diligence before completing a property transaction. 

What is a Lien in Indiana?

An Indiana lien is a legal claim on a piece of property. Liens exist to guarantee the repayment of debts. They grant the creditor or lienholder the right to claim or seize debtor property or initiate foreclosure proceedings to force the sale of a property to recover a debt. Liens can arise from various sources, including court judgements, unpaid property taxes, business taxes, mortgages, and home equity loans.

Liens within the state must be officially documented and indexed at the county recorder's office. The provisions that outline the procedure, requirements, rights, enforcement, and resolution of liens in the state are within Title 32 of the Indiana Code.

Types of Liens in Indiana

There are different types of liens in Indiana, including:

• Property lien 
• Judgement lien
• Mechanics lien
• Tax lien
• Uniform Commercial Code (UCC) lien.

Regardless of the above list, liens can be grouped into different categories depending on certain factors, including their nature (general or specific), how they connect to property (voluntarily or involuntarily), and whether the law requires attachment to property by statute.

General Liens in Indiana

In Indiana, general liens are placed against all real estate or property of a debtor to secure repayment. These liens encumber all real and personal property of the debtor, including tangible assets like property and intangibles such as stocks and accounts receivable. 

The purpose of a general lien is to provide the creditor with maximum security for recovering what they are owed. Indiana law permits creditors to obtain general liens through judicial processes, expanding on attachment rights (Indiana Code §§34-25-2-1 through 34-25-2-17). Examples of general liens include judgement and tax liens.

Specific Liens

A specific lien only attaches to a single, defined property or asset, unlike a general lien, which covers multiple assets. Creditors file these targeted liens to secure repayment of a debt related to that particular piece of property. Examples of a specific lien include mortgage liens and deeds of trust liens.

Consensual vs Involuntary Liens

A lien can either be consensual or involuntary. A consensual lien, also known as a voluntary lien, is one that arises by agreement between the debtor and the creditor. This means that the debtor voluntarily grants the creditor an interest in the property as collateral for a debt or obligation. Examples of consensual liens include mortgage liens and security interests in personal property. 

On the other hand, an involuntary lien is imposed on the property without the consent of the debtor or property owner. Involuntary liens typically arise through the operation of the law, legal proceedings, or regulatory bodies. An example of an involuntary lien is a tax lien or a judgement lien.

Statutory Liens

An Indiana statutory lien is a type of lien that arises by virtue of a specific statute or law. Statutory liens are imposed automatically by law without the need for any agreement between the debtor and creditor. Common examples include tax liens, mechanic's liens, and judgement liens. This type of lien can also be referred to as an involuntary lien.

What is a Tax Lien in Indiana

A tax lien in Indiana is a claim imposed by the government against a property owner for failure to pay property taxes. This lien serves as a security interest in the property and gives the government the right to take possession of or sell the property to recover the unpaid taxes. 

The Indiana Department of Revenue, as well as county treasurers, have the authority to impose tax liens on a taxpayer’s real and personal property for failure to pay any and all outstanding delinquent taxes (per IC §6-1.1-23, §6-1.1-23.5, §6-1.1-24,  §6-1.1-24.5. and  §6-1.1-25).

Once a tax lien is placed on a property, it encumbers the property and affects its title. The property owner must satisfy the unpaid taxes, including any penalties and interest, to remove the tax lien from the property title.

If the property owner fails to pay the delinquent taxes within a specified period, the government may initiate foreclosure proceedings to sell the property at a tax sale. The proceeds from the sale are used to satisfy the delinquent taxes and any associated costs, with any remaining funds returned to the property owner.

In Indiana, tax liens are both statutory and general. This means they are governed by specific laws enacted by the state legislature and apply to all property and rights owned by taxpayers within the state. This includes real estate, personal property, and any other assets the individual owns when the tax lien was initiated or acquired after.

Are Tax Liens Public Record?

Yes. Tax liens are considered public records under the Indiana Access to Public Records Act (APRA). When a tax lien is imposed on a property due to unpaid taxes, it becomes a matter of public record, accessible to interested parties. 

Copies of active tax lien records can be searched and accessed through the county recorder's office and/or treasurer's office by interested parties. This could include abstractors, attorneys, lenders, prospective buyers, title companies, etc.

The public record status of tax liens has dual implications. On one hand, it allows for accessibility and transparency into property financial obligations. Interested parties can search for and identify any tax liens encumbering a property. However, public tax liens could also impede sales or financing for the property owner. Prospective buyers, lenders, and other interested persons can uncover debts owed through title searches. As a result, tax-delinquent property owners may be unable to convey a clear title or refinance. The tax debts secured by the still outstanding public lien pose obstacles for the owner seeking to sell or leverage the property.

Indiana Tax Lien Search

The clerk-recorder’s office in the county where a taxpayer resides or a property is located is the primary source of information on tax liens in the state. Each county recorder in the state maintains real estate or property records that are searchable to find state or county tax liens against a property.  

Additionally, individuals can find tax lien records from the Indiana Department of Revenue. When a taxpayer fails to pay taxes owed, the DOR may file a tax lien against their property. These filings are recorded with the appropriate county recorder’s office or other relevant custodians. The Indiana Department of Revenue also maintains these records and makes them available for public access.

The following are the options often available for searching for tax liens:

• Online: Many county recorder, assessor, clerk, or treasurer websites have online property search portals that the public can access for free to find tax liens. For example, the Marion County Recorder’s Office has a free records search portal to lookup property records by name, address, or parcel number. This can reveal any tax liens attached to the property. Similarly, individuals can access Indiana tax liens or warrants filed by the Indiana DOR through its e-Tax Warrant Search Services. This access, however, comes with a subscription cost of $600, $1200, and $5000 per year for individuals, individuals with reporting, and businesses, respectively.
• In Person: If online searches for tax liens are unavailable, individuals can go to the recorder's office, or in some cases, the county clerk's office, during business hours to look up tax liens filings. This is usually free, but fees may apply when requesting plain or certified copies of tax liens. For example, individuals may conduct Indiana tax liens searches in person at the Porter County Clerk’s Office, Marion County Recorder’s Office, etc. 
• Mail/Email: Most county recorder or clerk’s offices can fulfill tax lien requests by mail, email, or fax. Information on ordering procedures and applicable fees for mail, email, or fax requests can be obtained by calling the clerk-recorder's office.

Requests by mail usually involve sending a written request to the county clerk or recorder's office. Such a request must include the taxpayer's full name, the lien's record date, property details like address, parcel number, or book/page reference, document title or type of lien, and any relevant information. 

Additionally, inquirers must provide their full contact details, including name, mailing address, and phone number, so the recorder's office can follow up with any questions or notify the requester when copies are ready. They must also clearly indicate whether they require official certified copies bearing a seal or certification stamp or simple plain copies, with the understanding that certified copies command a higher cost but allow legal verification. 

Payment to cover document retrieval and copying fees should accompany all requests, either by check or money order made payable to the clerk-recorder's office. Some offices may accept credit or debit card payments or money orders. Requesters should verify the acceptable payment method in advance.

Federal Tax Lien Search

Per Indiana Code § 36-2-11-25, federal tax liens affecting real or personal property in Indiana are filed in the county recorder’s office where the property lies. Given this statute, individuals seeking to conduct a federal tax lien lookup on Indiana real and personal property have several options available to them. 

They can perform an in-person search by visiting the county recorder's office, where the property is located. Many county recorder’s websites host free online property search portals where one can look up properties using an owner's name, address, or parcel number to look up federal liens on any piece of property. 

Alternatively, individuals may submit requests by mail, email, or fax directly to county recorder offices. Details like taxpayer identity and location, the type of lien required, and applicable fees should accompany the requests. 

Individuals might also engage title companies to obtain comprehensive property reports that can uncover any federal liens attached to real estate or personal property. Additionally, individuals can use third-party tax lien search websites to look up federal tax liens. Access usually requires fees, and searchers must provide the property address or owner's name. 

What is a Lien on Property in Indiana

A lien on property in Indiana is any charge or encumbrance placed on real or personal property for the repayment of a debt or obligation owed by the property owner (Indiana Code § 32-28-1-1).

Per Indiana Code § 16-18-2-308, real property refers to land located within Indiana or improvements erected on the land. On the other hand, personal property refers to any property not classified as real property. This includes items like vehicles, machinery, equipment, furniture, jewelry, and other tangible assets that individuals or businesses own (Indiana Code § 6-1.1-22-1). 

Who can put a lien on a property?

Any entity or individual to whom a property owner owes debt or obligations has the authority to put a lien on a property in Indiana. These entities or individuals include, but are not limited to, contractors, subcontractors, mortgage lenders, federal, state, or local taxing authorities, and suppliers.

How to put a lien on property in Indiana

The process and requirements for putting a lien on a property in Indiana may slightly differ depending on the type of lien. Some liens, like mechanics liens, require providing preliminary notices to debtors prior to officially recording the lien. The required timeframe for filing recorded lien notices also depends on the form of lien. While mechanics liens have a sixty or ninety-day window under Indiana statute, other liens may have different recordation periods.

However, the following is the typical process to put a lien on real or personal property in Indiana:

• Locate the property and verify ownership by the debtor, as required under Indiana Code § 32-28-3-5. Check for other existing liens, as priority is typically determined by recording date per IC § 32-21-4-1.  
• Prepare a written notice of intention to hold a lien on the property for the amount owed. Additional requirements may vary depending on the type of lien. Consult Indiana Code § 32-28-3 on mechanics liens and § 34-55-9-2 on judgment liens.
• File the lien document with the recorder’s office in the county where the property is located within the timeframe prescribed by the law. The document must include a property description, owner name, claimant name, amount claimed, etc. Proof of notice to the owner may be required by the recorder's office.
• Provide proof the debtor received a copy of the recorded lien notice per IC § 32-28-3-5. This establishes a valid, enforceable lien.
• Pay applicable filing fees to record the lien notice with the county. Fees vary county, number of document pages, etc. For instance, Hamilton County requires $17 for the first page and $6 for any extra pages.
• Serve proof of notice to the property owner. The claimant placing the lien on the property should serve notice of the filed lien on the property owner. Per the state’s code, service must be within three days of filing the lien.

How to Find a Lien on Property in Indiana

An individual can search property records at the county recorder's office where the property is located to find a lien against a property in Indiana. The county recorder's office maintains records of mortgages, deeds, liens, and other documents affecting real estate.

To find liens on personal property such as vehicles, individuals can search records through the Indiana Bureau of Motor Vehicles, which maintains records of vehicle titles and liens. Another option is to hire a professional title company to conduct a title search. Title companies have access to land records and can efficiently search for any liens, judgements, or other encumbrances attached to a property.

Property Lien Search By Address

Property lien searches in Indiana are typically done by name rather than address. However, it may be possible to search by address in some cases.

The county recorder's office for the county where the property is located maintains the land records that would show any liens against the property. Going directly to the county recorder's office allows an in-person search of the records using the property's address.

Additionally, many county clerk-recorder's offices in Indiana have online record search systems. These systems may allow a search by property address to find any associated liens. For example, in Marion County, individuals may search for property liens by address through the Real Estate Records Search System provided by the County Recorder’s Office and the Property Report Card System provided by the County Assessor’s Office.

Alternatively, individuals may use third-party online services to find a property lien by address. Many third-party aggregator websites allow users to conduct searches for property records by address. However, such websites may not be free.

Free Lien Search on Property

It is possible to perform free property lien searches in Indiana. To conduct a free search, individuals can visit the county recorder’s office website for the county where the property is located.

Many county recorder websites, such as the Allen County Recorder's Office, provide a free online search tool to look up property records and liens. These free search portals allow users to input information like property addresses or owner names to pull up any associated liens or encumbrances. No fees or subscriptions are required to use the county recorder's free search systems

What is a Mechanics Lien in Indiana?

A mechanics lien (otherwise referred to as a construction lien) is a legal claim placed against real property by an individual or company that provides labor, services, or materials for property improvement. 

If a property owner fails to pay for services rendered, the unpaid party can file a mechanics lien on the property. This lien clouds the property's title and makes it difficult for the owner to sell or refinance until the lien is satisfied.

Per Indiana Code § 32-28-3-1, those who can file a mechanics lien include contractors, subcontractors, mechanics, journeymen, laborers, material suppliers, design professionals, and other persons performing labor or furnishing materials or machinery.

The timeline for filing a mechanics lien against private property in Indiana is 90 days after performing the last labor or furnishing the last batch of materials (Ind. Code § 32-28-3-3). Mechanics liens help contractors, subcontractors, laborers, and suppliers secure payment for their work on real estate projects (Ind. Code § 32-28-3-1). 

Indiana Mechanics Lien Search 

Searching for mechanics liens in Indiana follows the same process as other liens in the state. An individual may visit the relevant county recorder's office in person and request to search the official property records for any liens filed against the property. 

Alternatively, individuals may contact the county recorder's office through a designated phone line, usually available on the official website of the recorder's office, or send written requests via mail to conduct a search and obtain copies of any uncovered liens.

Additionally, individuals may use the online search services provided by county recorder offices to perform searches on official records for mechanic liens.

What is a Mortgage Lien in Indiana?

A mortgage lien in Indiana arises when a homeowner takes out a mortgage loan, using their property as collateral for the debt. This gives the lender a legal claim on the property if the borrower defaults.

While the lien is on the property, it does not affect the homeowner's title or ownership unless the borrower defaults on their mortgage, and foreclosure occurs. So, if the borrower defaults on the loan, the lender can legally seize or sell the property to recover the debt.

Mortgage liens must be settled before a property can be sold or transferred. Outstanding mortgage liens can prevent owners from transferring a clear title. The liens must be paid off and released before a property sale and title transfer can happen.

What is a UCC Lien in Indiana? 

A UCC lien, or Uniform Commercial Code lien, is a security interest filed against a debtor's personal property to secure debt. A UCC lien gives the creditor a lawful claim to the debtor’s personal property. In Indiana, UCC liens are governed by Indiana's Uniform Commercial Code under I.C.§ 26-1.

UCC Lien Search Indiana

A UCC lien search can be performed through both state and local agencies. On one hand, individuals seeking to look up UCC liens may request property records from the county recorder’s office where a property is located. On the other hand, individuals conduct searches for UCC liens in Indiana through the Secretary of State’s Office. Here's how to search for UCC liens through the SOS:

• Go to the Indiana Secretary of State’s UCC webpage.
• Click on the "Search Now" link. 
• Log into or create an INBIZ Access Indiana account.
• Once logged in, select the "UCC Search" option. 
• Search for UCC liens by the debtor's personal name, business name, a keyword, or the UCC filing number. 
• The search will return results listing the debtor's information, secured party details, filing date, lapse date, and other specifics of any UCC liens associated with the search criteria entered.

Additionally, individuals may contact the SOS office by phone during office hours at (317) 234-9768, send an email to INBiz@sos.in.gov, or visit/ mail at the office at the address below:

Mailing Address
Business Services Division
302 West Washington Street
Room E018
Indianapolis, IN 46204.

Individuals may also schedule appointments and make in-person visits to the SOS office to search for UCC liens.

What is a Lien Title in Indiana

A lien title in Indiana refers to a certificate of title containing a recorded lien against a motor vehicle used to secure an outstanding loan or debt. Under Indiana Code § 9-17, the Bureau of Motor Vehicles issues lien titles when a lender files notice of their secured interest in a vehicle. When a borrower defaults on the loan conditions, the lender can lawfully claim the vehicle and sell it.

Indiana Title Lien Search

There are two main options for searching for vehicle title and lien information in Indiana. One way is to use the Indiana Bureau of Motor Vehicles (BMV) online database. To use the database, a person must create an account and conduct title lien searches by vehicle identification number (VIN) or social security number. It costs $5 per record for subscribers and $16 for non-subscribers.

The other way is to obtain a vehicle report from an approved provider of the National Motor Vehicle Title Information System (NMVTIS). The cost to obtain a report from an NMVTIS provider varies from provider to provider; however, it falls between $8 and $13.

Free Title Lien Search in Indiana

The Indiana Bureau of Motor Vehicles (BMV) does not offer any free title lien service. Persons seeking to lookup a title lien through the BMV online database must pay a fee.

What is a Judgement Lien in Indiana

A judgment lien is a claim against a person's property that originates from a civil lawsuit judgement. If the losing defendant (judgement debtor) fails to pay damages awarded by the court to the winning plaintiff (judgement creditor), the creditor can place a lien on the debtor's property.

Per Ind. Code § 34-55-9-2, judgement liens apply to real estate in the state and are enforceable for ten years from the date of judgement. They allow creditors to recover court-ordered payments by forcing the sale of the debtor's property to satisfy the judgment.

A judgement lien applies to both individual and business debtors. If the judgment is against a business, the creditor must file a certified copy of the judgment with the county recorder in the county where the business owns real estate. This creates a lien against any real property owned by the business in that county. The lien attaches to the business' real estate and remains until the judgment is satisfied. The lien holder can force the sale of the real estate to satisfy the judgment if it is not paid voluntarily.

Indiana Judgement Lien Search

Here’s how individuals can find judgement liens in Indiana:

• Query the county recorder’s office, where the judgment debtor owns real estate, to find liens against real property. Land record queries could be done in-person, online via the county property records search portal, or by written request.
• Search the Indiana Secretary of State's UCC portal to find judgement liens against personal property.

How to Get a Lien Release in Indiana 

In Indiana, the simplest way to obtain a lien release is by settling the debt or obligation that caused the lien to be placed. 

After paying off the debt, request a signed Certificate or Notice of Release from the lienholder. Next, submit this release document to the same office where the original lien was recorded—at the county recorder’s office for real estate liens or the Indiana Secretary of State's office for UCC liens on personal property. 

The release document must meet the requirements stipulated in Indiana Code §32-28-5 and §32-28-6, including the names of the debtor and lienholder, the property description, and an authorized signature. 

If the lienholder refuses to release the lien, the debtor can file a civil action in court. To succeed, evidence of debt satisfaction and lienholder notification must be presented. If the court rules in favor of the debtor, a court order will mandate the lien's release by the lienholder.