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Preparer Information
Recording Requirements
Nearly all of Indiana's recording requirements have been
part of State code since 2006. Many have been
effective much longer.
Your compliance will help you
avoid re-recording fees, as well as costly delays in the
turnaround time in which your documents are processed. In
some cases, failure to comply could also pose future
liabilities if your recorded documents become part of a
legal proceeding.
Below are
some of the most fundamental requirements.
Please
remember them when you are preparing
instruments for recording in the state of Indiana:
Names:
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Print names of those executing a document,
below signatures.
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Print names of witnesses, below signatures.
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The name
of each person who executed the instrument must appear
identically throughout the body of the instrument, in the
acknowledgement or jurat, in the signature, and beneath
the signature (I.C. 36-2-11-16).
Notary Publics:
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Names must be printed and legible. All
notary stamps must include a county of residence and a
date when commission expires.
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Black ink on notary stamps remains the best
way to ensure accurate and timely recording.
Affirmation Statement for
Redaction of Social Security Numbers:
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Documents that are prepared or
notarized in the State of Indiana are required to have
the following statement in the following form:
"I affirm, under the penalties for
perjury, that I have taken reasonable care to redact each
social security number in this document, unless required
by law."
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A typewritten or legibly printed name must
follow this statement. Signatures are not required.
"Prepared by" Statement:
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Documents that are prepared and notarized
in Indiana must include the statement: “This document
prepared by.”
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A typewritten or legibly printed name must
follow this statement. Signatures are not required.
Auditor
Endorsement:
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Transfer of deeds of taxation require the
County Auditor stamp of “Duly Entered for Taxation”
before they can be recorded.
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Substantial changes to sales disclosure
forms will occur in 2008. If you prepare property
transfers of any type, please make sure that you are
familiar with HEA 1293 - PL 144, effective July 1, 2008.
Grantee’s address:
Effective July 1, 2007, a
physical address for the grantee must be listed on all
conveyances, preferably at the top of the first page.
P.O. boxes are not acceptable.
Cross References:
Please make sure that you are
using the correct ten-digit instrument number or the correct
book and page when you are preparing instruments that
require a cross reference number.
Accepting Copies of Original Documents:
(House Enrolled Act (HEA)
1111, Amending IC 36-2-11-16)
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As of
July 1, 2008, County Recorders in the State of Indiana are
required to accept copies of documents. Previously,
individual Recorders could choose to reject documents that
were not originals, however, under this law: “a recorded
copy shall have the same effect as if the original document
had been recorded."
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Preparers must stamp “copy” on all documents that are not
originals. Copies will not be accepted for recording if
this provision is not met. The “copy” stamp should be
prominently displayed, ideally on the first page.
Updated: July 1, 2009
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