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Rule 63.1 – Lis Pendens Notice of Proceedings Avoiding Judgments and Circumstances Tolling and Extending Statutes of Limitations; Assignments and Discharges in Lis Pendens and Judgment Dockets; Lis Pendens Notices in Cases Involving Interest in Personal Property

May 13, 2021 | Civil Procedure, Indiana

(A) Lis pendens notice of avoidance of judgment and tolling of statute of limitations – Effect of failure to file notice thereof. Avoidance of, or proceedings to avoid a final judgment by a subsequent motion for judgment on the evidence (Rule 50 ), for amendment of the finding or judgment (Rule 52 ), and to correct errors (Rule 59 ), by proceedings for relief from a judgment under Rule 60(B) or under the appellate rules and the tolling or extension of the statute of limitations or other bar of a claim to the property shall be ineffective against a purchaser of an interest in land or a purchaser or lien creditor who acquires an interest in personal property and who claims such interest under or because of such judgment, such tolling or such extension if:

(1) the purchaser of land gives value and perfects of record or takes possession of the land in good faith and without notice of the avoidance, tolling or extension while the person against whom he claims is not in possession of the land and before he has filed notice in the lis pendens record of the county where the land is located; or
(2) the purchaser or lien creditor acquiring an interest in personal property, as a buyer, would take priority over an unperfected security interest while the person against whom he claims has not perfected by possession and before he has filed a financing statement containing lis pendens notice as provided in subdivision (C) of this rule.

The lis pendens notice shall be signed by the party or his attorney seeking avoidance of the judgment or the party with the claim asserted to be tolled; identify the judgment by court and docket number; describe the claim in terms which will lead to the records where any evidence thereof is filed or recorded if such is the case; name the parties; in the case of land designate a present record owner thereof if the parties named are not such owner or owners; and describe the land or personal property if the judgment or claim relates to described land or personal property.

(B) Satisfactions and assignments of docketed judgments and matters entered in lis pendens record. A satisfaction, dismissal, release or assignment of claims or matters recorded or filed in the lis pendens record relating to land or of a judgment entered in the judgment docket may be filed or recorded and indexed in the same manner as originally filed, recorded or docketed, and for the same fees provided that such satisfaction, dismissal, release or assignment is:

(1) in writing, describing the judgment by cause number, signed by the person executing it and acknowledged as in the case of a deed; or
(2) in writing certified as entered in his records by the clerk of court where the judgment is entered or the action is pending;
(3) entered in writing upon the margin of the record signed by the person executing it and attested by the clerk’s signature.

A satisfaction, continuation, dismissal, release or assignment of a lis pendens notice filed in the case of personal property is sufficient if it meets the requirements of a termination statement, continuation statement, assignment or release of a financing statement.

(C) Constructive notice of lis pendens against personal property and rights of lien creditors. Judicial proceedings brought by a creditor to enforce an unperfected interest in personal property and a lien obtained by judicial proceedings (including tax and other liens through judicial records) in personal property shall not serve as constructive or lis pendens notice thereof until possession is acquired by the creditor or by a court officer, or until notice thereof by the creditor is perfected by filing a financing statement:

(1) naming the defendant as debtor, and the creditor as secured party;
(2) briefly describing the collateral in such words as a “lien upon debtor’s personal property by judicial proceedings” and indicating the kind or type of property, along with the court and cause number of the action;
(3) signed by the creditor or judgment creditor; and
(4) in the filing office or offices where a financing statement under a security agreement with respect to the collateral, if filed, would be required to be filed.

Lis pendens notice under this provision is subject to principles of estoppel or commercial law governing negotiable instruments and documents, securities or quasi-negotiable instruments or documents; and to the provisions of Article 9 the Uniform Commercial Code 1 relating to the duration of filing. In an appropriate case the debtor or judgment debtor shall be entitled to a termination statement when judgment in his favor becomes final or when the lien obtained by judicial proceedings is terminated or is satisfied, as in the case of a debtor under a security agreement.

(D) Effect of judgment on lis pendens notice. A properly filed lis pendens notice of a claim against property continues to be perfected with respect to a judgment establishing such claim for the duration of the judgment, subject to the duration of filing under subdivision (C) of this rule.

1 IC 26-1-9-101 et seq.

Ind. R. Civ. P. 63.1