CHAPTER 2. RECORDING PROCESS
IC 32-21-2
Chapter 2. Recording Process
IC 32-21-2-1
"Grantor" defined
Sec. 1. As used in this chapter, "grantor" has the meaning set forthin IC 32-17-1-1.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-2
"Tract" defined
Sec. 2. As used in this chapter, "tract" means an area of land thatis:
(1) under common fee simple ownership;
(2) contained within a continuous border; and
(3) a separately identified parcel for property tax purposes.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-3
Recording requirements; acknowledgment and proof; address ofgrantee
Sec. 3. (a) For a conveyance, a mortgage, or an instrument ofwriting to be recorded, it must be:
(1) acknowledged by the grantor; or
(2) proved before a:
(A) judge;
(B) clerk of a court of record;
(C) county auditor;
(D) county recorder;
(E) notary public;
(F) mayor of a city in Indiana or any other state;
(G) commissioner appointed in a state other than Indiana bythe governor of Indiana;
(H) minister, charge d'affaires, or consul of the United Statesin any foreign country;
(I) clerk of the city county council for a consolidated city,city clerk for a second class city, or clerk-treasurer for athird class city;
(J) clerk-treasurer for a town; or
(K) person authorized under IC 2-3-4-1.
(b) In addition to the requirements under subsection (a), aconveyance may not be recorded after June 30, 2007, unless it meetsthe requirements of this subsection. The conveyance must include themailing address to which statements should be mailed underIC 6-1.1-22-8.1. If the mailing address for statements underIC 6-1.1-22-8.1 is not a street address or a rural route address of thegrantee, the conveyance must also include a street address or ruralroute address of the grantee after the mailing address for statementsmailed under IC 6-1.1-22-8.1. A conveyance complies with thissubsection if it contains the address or addresses required by this
subsection at the end of the conveyance and immediately precedingor following the statements required by IC 36-2-11-15.
As added by P.L.2-2002, SEC.6. Amended by P.L.135-2007, SEC.1;P.L.194-2007, SEC.7; P.L.143-2009, SEC.42.
IC 32-21-2-4
Acknowledgment in another county
Sec. 4. (a) This section applies when a conveyance, mortgage, orother instrument that is required to be recorded is acknowledged inany county in Indiana other than the county in which the instrumentis required to be recorded.
(b) The acknowledgment must be:
(1) certified by the clerk of the circuit court of the county inwhich the officer resides; and
(2) attested by the seal of that court.
However, an acknowledgment before an officer having an officialseal, if the acknowledgment is attested by that official seal, issufficient without a certificate.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-5
Acknowledgment in another state
Sec. 5. To record in Indiana a conveyance that is acknowledgedoutside Indiana but within the United States, the conveyance mustbe:
(1) certified by the clerk of any court of record of the county inwhich the officer receiving the acknowledgment resides; and
(2) attested by the seal of that court.
However, an acknowledgment before an officer having an officialseal that is attested by the officer's official seal is sufficient withouta certificate.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-6
Proving deeds
Sec. 6. A deed may be proved according to the rules of commonlaw before any officer who is authorized to take acknowledgments.A deed that is proved in the manner provided in this section isentitled to be recorded.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-7
Acknowledgment of deed or mortgage; form
Sec. 7. The following or any other form substantially the same isa good or sufficient form of acknowledgment of a deed or mortgage:
"Before me, E.F. (judge or justice, as the case may be) this_____ day of _______, A.B. acknowledged the execution of theannexed deed, (or mortgage, as the case may be.)"
As added by P.L.2-2002, SEC.6.
IC 32-21-2-8
Duty of officer to explain deed to grantor
Sec. 8. (a) If before a public officer authorized to receiveacknowledgment of deeds:
(1) the grantor of a deed intends to sign the deed with thegrantor's mark; and
(2) in all other cases when the public officer has good cause tobelieve that the contents and purport of the deed are not fullyknown to the grantor;
it is the duty of the public officer before signature to fully explain tothe grantor the contents and purport of the deed.
(b) The failure of the public officer to comply with subsection (a)does not affect the validity of a deed.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-9
Certificate of acknowledgment; attaching to instrument; contents
Sec. 9. A certificate of the acknowledgment of a conveyance orother instrument in writing that is required to be recorded, signed,and sealed by the officer taking the acknowledgment shall be writtenon or attached to the deed. When by law the certificate of the clerkof the proper county is required to accompany the acknowledgment,the certificate shall state that:
(1) the officer before whom the acknowledgment was takenwas, at the time of the acknowledgment, acting lawfully; and
(2) the clerk's signature to the certificate of acknowledgment isgenuine.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-10
Recorder of deeds; keeping book; recording time
Sec. 10. A recorder of deeds shall keep a book having each pagedivided into five (5) columns that are headed as follows:
Date of Names of Names of Description Vol. and Page
Reception. Grantors. Grantees. of Land. Where Recorded.
The recorder shall enter in this book all deeds and otherinstruments left with the recorder to be recorded. The recorder shallnote in the first column the day and hour of receiving the deed orinstrument and shall note the other particulars in the appropriatecolumns. A deed or instrument is considered recorded at the time thedate of reception is noted by the recorder.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-11
Certificate of acknowledgment; recording with deed or instrument
Sec. 11. (a) This section applies to a conveyance or otherinstrument entitled by law to be recorded.
(b) The recorder of the county in which the land included in aconveyance or other instrument is situated shall record the deed orother instrument together with the requisite certificate of
acknowledgment or proof endorsed on the deed or other instrumentor annexed to the deed or other instrument.
(c) Unless a certificate of acknowledgment is recorded with adeed, the record of the conveyance or other instrument or a transcriptmay not be read or received in evidence.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-12
Certificate of acknowledgment or record; conclusiveness
Sec. 12. The:
(1) certificate of the acknowledgment of a conveyance orinstrument of writing;
(2) the record; or
(3) the transcript of the record;
is not conclusive and may be rebutted and the force and effect of itcontested by a party affected by the conveyance or instrument.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-13
Conveyances dividing single property tax tracts into multipleparcels; requirements for recording
Sec. 13. (a) Except as provided in subsection (c), if the auditor ofthe county or the township assessor (if any) under IC 6-1.1-5-9 andIC 6-1.1-5-9.1 determines it necessary, an instrument transferring feesimple title to less than the whole of a tract that will result in thedivision of the tract into at least two (2) parcels for property taxpurposes may not be recorded unless the auditor or township assessoris furnished a drawing or other reliable evidence of the following:
(1) The number of acres in each new tax parcel being created.
(2) The existence or absence of improvements on each new taxparcel being created.
(3) The location within the original tract of each new tax parcelbeing created.
(b) Any instrument that is accepted for recording and placed ofrecord that bears the endorsement required by IC 36-2-11-14 ispresumed to comply with this section.
(c) If the duties of the township assessor have been transferred tothe county assessor as described in IC 6-1.1-1-24, a reference to thetownship assessor in this section is considered to be a reference tothe county assessor.
As added by P.L.2-2002, SEC.6. Amended by P.L.219-2007,SEC.100; P.L.146-2008, SEC.673.