You’re Not Seeing Double – Two Notaries Required for Indiana Mechanic’s Liens
Just when you think 2020 couldn’t get weirder, you notice two notary sections on the Indiana mechanic’s lien you intend to file. Nope, you aren’t seeing double, Indiana statute was amended (Indiana SB340) earlier this year and the changes went into effect July 1, 2020.
Is there a Typo in the Statute?
It’s possible this wasn’t accidental; the legislature could simply be taking extra precautions to ensure liens are properly executed. While I wasn’t there when the amendments were drawn up, I suspect it was an inadvertent mistake.
Under Section 1. IC 32-21-2-3 of the amended text, the author struck through “or” and replaced it with “and.”
Yes, the acknowledgement (i.e. “I’m executing this lien.”) needs to be witnessed and notarized, AND the proof that the witness witnessed the execution of the lien must be notarized.
Whether it’s a mistake or intentional will remain a mystery until the next legislative session. For now, be sure to have both notarized sections on every recorded document mentioned above.