Sec. 25. (a) This section applies to:
(1) a lien arising under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (commonly known as the Superfund Law); and
(2) any other federal lien on real property or any federal tax lien on personal property provided for in the statutes or regulations of the United States.
In order for a lien covered by this section to be perfected, notice of the lien must be filed in the office of the recorder of the county in which the real or personal property subject to the lien is located.
(b) When a notice of a lien covered by this section is presented to the recorder for filing, the recorder shall enter it appropriately in the entry book and in the miscellaneous record. The entries made under this subsection must show the date of filing, the book and page number or instrument number, the name of the person named in the notice, a legal description of the property, if appropriate, and any serial number or other identifying number given in the notice.
(c) When a certificate of discharge of a federal lien covered by this section is issued by the proper officer and presented for filing in the office of the recorder of the county where the notice of lien was filed, the recorder shall record the certificate of discharge as a release of the lien. However, to be recorded under this subsection, the certificate must refer to the recorder's book and page number or instrument number under which the lien was recorded.
(d) When recording a release of a lien under subsection (c), the recorder shall inscribe, in the margin of each entry made to record the lien under subsection (a), a reference to the place where the release is recorded.
(e) Upon the recording of the certificate of discharge as a release under subsection (c) and the inscribing of the references to the release under subsection (d), a certificate of discharge of a lien covered by this section operates as a full discharge and satisfaction of the lien, unless the references to the release inscribed under subsection (d) specifically note the release as a partial lien release.
(f) A federal lien on real property and a federal tax lien on personal property are not subject to the:
(1) requirement to redact Social Security numbers as described in IC 36-2-7.5-1.5; or
(2) requirements to include statements in a recorded or filed instrument as described in section 15(c) and 15(d) of this chapter.
As added by P.L.338-1987, SEC.1. Amended by P.L.256-1993, SEC.1; P.L.171-2006, SEC.22.
Structure Indiana Code
Article 2. Government of Counties Generally
36-2-11-1. Application of Chapter
36-2-11-2. Residence; Term of Office
36-2-11-3. Location of Office; Business Hours and Days; State of Emergency
36-2-11-4. Legal Action on Days Office Is Closed
36-2-11-5. Delivery of Instruments Left for Record on Expiration of Term
36-2-11-6. Demand of Fees; Overpayment of Fees; Refund
36-2-11-7. Return of Instrument to Presenter
36-2-11-7.5. Personal Liability for Dishonored Checks
36-2-11-8. Record of Instruments in Order Received; Public Access; Copies; Contaminated Instruments
36-2-11-9. Entry Book; Contents
36-2-11-10. Recording Requirements
36-2-11-12. Grantor and Grantee Index; Separate Indexes for Deeds and Mortgages; Requisites
36-2-11-14.5. Recording of Purchase Contracts Involving Manufactured Homes and Mobile Homes
36-2-11-16. Requirements for Instruments to Be Received and Recorded
36-2-11-17. Recording of Name of Farm; Description; Conveyance; Cancellation
36-2-11-19. Affidavit; Recording in Miscellaneous Records; Record as Prima Facie Evidence
36-2-11-20. Memorandum of Lease or Memorandum of Contract; Recording; Effect
36-2-11-22. Certified Copy of Matter Relating to Bankruptcy; Recording in Miscellaneous Records
36-2-11-24. List of Recorded Mortgage Releases
36-2-11-26. Social Security Number on Instruments Presented for Recording