Sec.12. (a) If charges for the cost of maintenance of a member remain unpaid in whole or in part for a period of six (6) months, the superintendent of the Indiana Veterans’ Home may file, in the office of the county recorder of the county in which the real property is located, a notice of lien designating:

(1) the name and place of residence of the member against whose property the lien is asserted;

Terms Used In Indiana Code 10-17-9-12

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • home: refers to the Indiana Veterans' Home. See Indiana Code 10-17-9-0.5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • superintendent: refers to the superintendent of the Indiana Veterans' Home appointed under section 3. See Indiana Code 10-17-9-0.8
(2) the date when the charges become delinquent for more than six (6) months; and

(3) a legal description of the real property subject to the lien.

One (1) copy of the notice of lien shall be retained by and filed in the office of the superintendent, and one (1) copy shall be furnished to the member or guardian.

     (b) From the date on which notice of lien is recorded in the office of the county recorder, the recorded notice constitutes due notice of a lien against the member or the member’s estate for any amounts then recoverable and any amounts that become recoverable under this chapter and gives a specific lien in favor of the Indiana Veterans’ Home. The lien continues from the date of filing until the lien is satisfied or released.

[Pre-2003 Recodification Citation: 10-6-1-11.5.]

As added by P.L.2-2003, SEC.8.

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