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Recording Requirements Minimize

Preparer Information:

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:

  • Print names of those executing a document, below signatures.
  • Print names of witnesses, below signatures.
  • 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:

  • Names must be printed and legible. All notary stamps must include a county of residence and a date when commission expires.
  • Black ink on notary stamps remains the best way to ensure accurate and timely recording.

 

Affirmation Statement for Redaction of Social Security Numbers:  

  • 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."
  • A typewritten or legibly printed name must follow this statement.  Signatures are not required.

 

"Prepared by"  Statement:

  • Documents that are prepared and notarized in Indiana must include the statement:  “This document prepared by.” 
  • A typewritten or legibly printed name must follow this statement.  Signatures are not required.

 

Auditor Endorsement:

  • Transfer of deeds of taxation require the County Auditor stamp of “Duly Entered for Taxation”  before they can be recorded.
  • In 2008, substantial changes to sales disclosure forms occurred.  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)

  • 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."
  • 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.
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