Voiding and releasing claims in land interests

The House Judiciary Committee heard SB 604, sponsored by Rep. Manning, on voiding and releasing claims in land interests. This bill:

  • Adds a provision to the statute concerning marketable title for real property to provide that after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county wherethe property is located.
  • Provides that upon the claimant’s failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending.
  • Requires the county recorder to record the affidavit of service.
  • Requires that an affidavit of service must also include a reference to the recording information of the recorded notice of claim.
  • Requires that, when the recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book.

Representatives from the Recorders Association and Indiana Land Title Association testified in favor of the bill. The bill was amended by consent with technical changes. The bill passed 12-0.

Read the bill here: http://iga.in.gov/legislative/2019/bills/senate/604