CHAPTER 11. COUNTY RECORDER
IC 36-2-11
Chapter 11. County Recorder
IC 36-2-11-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-2
Residence; term of office
Sec. 2. (a) The county recorder must reside within the county asprovided in Article 6, Section 6 of the Constitution of the State ofIndiana. The recorder forfeits office if the recorder ceases to be aresident of the county.
(b) The term of office of the county recorder under Article 6,Section 2 of the Constitution of the State of Indiana is four (4) yearsand continues until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987,SEC.546.
IC 36-2-11-2.5
Training
Sec. 2.5. (a) As used in this section, "training courses" refers totraining courses related to the office of county recorder that aredeveloped by the Association of Indiana Counties and approved bythe state board of accounts.
(b) An individual elected to the office of county recorder afterNovember 4, 2008, shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year;and
(2) forty (40) hours of training courses within three (3) years;
after beginning the county recorder's term.
As added by P.L.171-2009, SEC.1.
IC 36-2-11-3
Location of office; business hours and days
Sec. 3. The recorder shall keep his office in a building providedat the county seat by the county executive. He shall keep his officeopen for business during regular business hours on every day of theyear except Sundays and legal holidays. However, he may close hisoffice on days specified by the county executive according to thecustom and practice of the county.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-4
Legal action on days office is closed
Sec. 4. A legal action required to be taken in the recorder's officeon a day when his office is closed under section 3 of this chapter maybe taken on the next day his office is open.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-5
Delivery of instruments left for record on expiration of term
Sec. 5. At the expiration of his term of office, the recorder shalldeliver all instruments left for record with him to his successor inoffice, whether the fees for recording them have been paid or not.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-6
Demand of fees; overpayment of fees; refund
Sec. 6. (a) The recorder may demand the recorder's fees beforeentering and recording an instrument.
(b) If:
(1) a person, in payment of a recording fee required underIC 36-2-7-10, submits an amount that exceeds the amount of thefee set forth in IC 36-2-7-10; and
(2) the instrument submitted meets the statutory requirementsfor filing;
the recorder shall accept and record the instrument. If the amountsubmitted is at least three dollars ($3) more than the fee required byIC 36-2-7-10, the amount that exceeds three dollars ($3) shall berefunded upon the request of the person filing the document. Therecorder may retain as an administrative fee up to three dollars ($3)of the excess of the amount submitted.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.171-2002,SEC.1.
IC 36-2-11-7
Return of instrument to presenter
Sec. 7. When the recorder has received an instrument for record,he may return it to the person who presented it only after the fee forrecording the instrument has been paid.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-7.5
Personal liability for dishonored checks
Sec. 7.5. A county recorder is not personally liable for the amountof a dishonored check, for penalties assessed against a dishonoredcheck, or for financial institution charges relating to a dishonoredcheck, if:
(1) the check was tendered to the county recorder for thepayment of a fee; and
(2) the acceptance of the check was not an act or omissionconstituting gross negligence or an intentional disregard of theresponsibilities of the office of county recorder.
As added by P.L.98-2000, SEC.21.
IC 36-2-11-8
Record of instruments in order received; public access; copies
Sec. 8. (a) The recorder shall record all instruments that areproper for recording, in the order in which they are received in the
recorder's office for record. The recorder shall record deeds andmortgages in separate records.
(b) The recorder shall establish a written procedure for the publicto obtain access to the original instrument in order to protect theinstrument from loss, alteration, mutilation, or destruction. Therecorder shall post the written procedure in the recorder's office.
(c) Providing an exact copy of an original instrument in thepossession of the recorder is sufficient to comply with the inspectionof public records provided under IC 5-14-3-3 if the originaldocument has not been archived.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.87-2001,SEC.1.
IC 36-2-11-9
Entry book; contents
Sec. 9. The recorder shall keep an entry book in which he shallenter the date on which he received each instrument for recording,the names of the parties to the instrument, a description of thepremises affected by the instrument, and the fees for recording theinstrument.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-10
Recording requirements
Sec. 10. The recorder may record sheets conforming in size, color,weight, and texture to the pages of the appropriate official recordbook in which similar instruments are recorded, if:
(1) the complete text of a printed instrument comprising ten(10) or more printed pages has been accurately and legiblyprinted on the sheets;
(2) the original instrument is filed for record in his office at thesame time; and
(3) he is satisfied that the complete text of the originalinstrument has been accurately and legibly printed on thesheets.
After the recorder has numbered the sheets and securely fastenedthem into the official record book at the proper place according to thedate and time of the filing of the instrument for record, theinstruments are considered to have been properly recorded.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-11
Printed forms for record books; requisite
Sec. 11. A county recorder may use printed forms for recordbooks only for the recording of instruments presented by personswho presented fifty (50) or more instruments for recording during thepreceding year.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-12 Grantor and grantee index; separate indexes for deeds andmortgages; requisites
Sec. 12. (a) The recorder shall index each volume of instrumentsthe recorder records by:
(1) the name of each grantor, promisor, or covenantor, inalphabetical order and cross-referenced to the proper grantee,promisee, or covenantee; and
(2) the name of each grantee, promisee, or covenantee, inalphabetical order and cross-referenced to the proper grantor,promisor, or covenantor.
(b) The recorder shall accurately maintain separate indexes of allthe records of:
(1) deeds for real estate; and
(2) mortgages on real estate;
in the recorder's office. The recorder shall index each deed ormortgage alphabetically, by the name of each grantor and grantee ormortgagor and mortgagee, and shall include in each index entry aconcise description of the real property, the date of the deed ormortgage, and the number or letter of the book and the page at whicheach deed or mortgage is recorded.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.16-2001,SEC.1.
IC 36-2-11-13
Plat or instrument of title to real property recorded in countywhere plat or property not located
Sec. 13. If a plat or an instrument of title to real property isrecorded in a county other than the one in which the plat or propertyis located, the county executive of the county in which the plat orproperty is located may order the recorder of its county to record acopy of the plat or instrument that has been certified by the recorderof the county in which it was first recorded. A copy of a record madeunder this section that is certified by the recorder of the county inwhich the plat or property is located has the same force in evidenceas the original instrument would have.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-14
Auditor's endorsement required for recording of deed of partition,conveyance of land, or affidavits of transfer to real estate; violation
Sec. 14. (a) The recorder may record:
(1) a deed of partition;
(2) a conveyance of land; or
(3) an affidavit of transfer to real estate;
only if it has been endorsed by the auditor of the proper county as"duly entered for taxation subject to final acceptance for transfer","not taxable", or "duly entered for taxation" as provided byIC 36-2-9-18.
(b) A recorder who violates this section shall forfeit the sum offive dollars ($5), to be recovered by an action in the name of the
county, for the benefit of the common school fund.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.54-1988,SEC.4; P.L.106-2003, SEC.7; P.L.106-2007, SEC.6.
IC 36-2-11-15
Instruments that may be received for record or filing; name ofperson or governmental agency that prepared instrument
Sec. 15. (a) This section does not apply to:
(1) an instrument executed before July 1, 1959, or recordedbefore July 26, 1967;
(2) a judgment, order, or writ of a court;
(3) a will or death certificate;
(4) an instrument executed or acknowledged outside Indiana; or
(5) a federal lien on real property or a federal tax lien onpersonal property, as described in section 25 of this chapter.
(b) The recorder may receive for record or filing an instrumentthat conveys, creates, encumbers, assigns, or otherwise disposes ofan interest in or lien on property only if:
(1) the name of the person and governmental agency, if any,that prepared the instrument is printed, typewritten, stamped, orsigned in a legible manner at the conclusion of the instrument;and
(2) all Social Security numbers in the document are redacted,unless required by law.
(c) An instrument complies with subsection (b)(1) if it contains astatement in the following form:
"This instrument was prepared by (name).".
(d) An instrument complies with subsection (b)(2) if it containsa statement in the following form at the conclusion of the instrumentand immediately preceding or following the statement required bysubsection (b)(1):
"I affirm, under the penalties for perjury, that I have takenreasonable care to redact each Social Security number in thisdocument, unless required by law (name).".
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.171-2006,SEC.21; P.L.160-2007, SEC.4.
IC 36-2-11-16
Requirements for instruments to be received and recorded
Sec. 16. (a) This section does not apply to:
(1) an instrument executed before November 4, 1943;
(2) a judgment, order, or writ of a court;
(3) a will or death certificate; or
(4) an instrument executed or acknowledged outside Indiana.
(b) Whenever this section prescribes that the name of a person beprinted, typewritten, or stamped immediately beneath the person'ssignature, the signature must be written on the instrument, directlypreceding the printed, typewritten, or stamped name, and may not besuperimposed on that name so as to render either illegible. However,the instrument may be received for record if the name and signature
are, in the discretion of the county recorder, placed on the instrumentso as to render the connection between the two apparent.
(c) Except as provided in subsection (d), the recorder may receivefor record an instrument only if all of the following requirements aremet:
(1) The name of each person who executed the instrument islegibly printed, typewritten, or stamped immediately beneaththe person's signature or the signature itself is printed,typewritten, or stamped.
(2) The name of each witness to the instrument is legiblyprinted, typewritten, or stamped immediately beneath thesignature of the witness or the signature itself is printed,typewritten, or stamped.
(3) The name of each notary public whose signature appears onthe instrument is legibly printed, typewritten, or stampedimmediately beneath the signature of the notary public or thesignature itself is printed, typewritten, or stamped.
(4) The name of each person who executed the instrumentappears identically in the body of the instrument, in theacknowledgment or jurat, in the person's signature, and beneaththe person's signature.
(5) If the instrument is a copy, the instrument is marked "Copy".
(d) The recorder may receive for record an instrument that doesnot comply with subsection (c) if all of the following requirementsare met:
(1) A printed or typewritten affidavit of a person with personalknowledge of the facts is recorded with the instrument.
(2) The affidavit complies with this section.
(3) The affidavit states the correct name of a person, if any,whose signature cannot be identified or whose name is notprinted, typewritten, or stamped on the instrument as prescribedby this section.
(4) When the instrument does not comply with subsection(c)(4), the affidavit states the correct name of the person andstates that each of the names used in the instrument refers to theperson.
(5) If the instrument is a copy, the instrument is marked "Copy".
(e) The recorder shall record a document presented for recordingor a copy produced by a photographic process of the documentpresented for recording if:
(1) the document complies with other statutory recordingrequirements; and
(2) the document or copy will produce a clear and unobstructedcopy.
(f) An instrument, document, or copy received and recorded by acounty recorder is conclusively presumed to comply with thissection. A recorded copy shall have the same effect as if the originaldocument had been recorded.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.98-1986,SEC.11; P.L.87-2001, SEC.2; P.L.129-2008, SEC.2.
IC 36-2-11-16.5
Requirements for instrument or document presented for recording
Sec. 16.5. (a) This section does not apply to the following:
(1) A judgment, an order, or a writ of a court.
(2) A will or death certificate.
(3) A plat.
(4) A survey.
(b) The county recorder may receive for record an instrument ora document without collecting the additional fee described insubsection (c) if:
(1) the instrument or document consists of at least one (1)individual page measuring not more than eight and one-half (81/2) inches by fourteen (14) inches that is not permanentlybound and is not a continuous form;
(2) the instrument or document is on white paper of at leasttwenty (20) pound weight and has clean margins:
(A) on the first and last pages of at least two (2) inches onthe top and bottom and one-half (1/2) inch on each side; and
(B) on each additional page of at least one-half (1/2) inch onthe top, bottom, and each side; and
(3) the instrument or document is typewritten or computergenerated in black ink in at least 10 point type.
(c) For each instrument or document presented for recording thatdoes not conform to the requirements of subsection (b), the recordermay attach additional pages, as needed, and collect one dollar ($1)for each nonconforming page.
As added by P.L.211-1996, SEC.5.
IC 36-2-11-17
Recording of name of farm; description; conveyance; cancellation
Sec. 17. (a) An owner of a farm may have the name of his farmand a description of the land to which the name applies recorded ina register kept for that purpose by the recorder of the county in whichthe farm is located. The recorder, under the seal of his office, shallpresent to the owner a proper certificate setting forth the name anddescription of the farm.
(b) If a name is recorded as the name of a farm, the name may notbe recorded as the name of another farm in the same county.
(c) If the name of a farm is recorded under this section and theowner conveys all of the farm, the recorded name of the farm also isconveyed. If the owner conveys only a part of the farm, the recordedname of the farm is conveyed only if so stated in the deed ofconveyance.
(d) An owner of a farm may cancel the recorded name of the farmby making the following statement on the margin of the record of thename: "This name is cancelled and I hereby release all rightsthereunder." This statement must be signed by the owner and attestedby the recorder.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-18
Marginal entries; satisfaction, cancellation, or assignment; entryin entry book
Sec. 18. (a) The recorder may allow marginal entries.
(b) If a satisfaction, cancellation, or assignment of any kind ismade on the margin of a record in the recorder's office, the recordershall immediately enter it on the entry book. The entry must show thedate of entry, the name of the person who executed the instrumentsatisfied, cancelled, or assigned, and the name, number, and page ofthe record where the instrument is recorded.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.231-1989,SEC.12.
IC 36-2-11-19
Affidavit; recording in miscellaneous records; record as primafacie evidence
Sec. 19. (a) An affidavit that:
(1) concerns the birth, marriage, death, name, residence,identity, or relationship of any of the parties named in aninstrument affecting real property;
(2) is made by a land surveyor registered under IC 25-21.5 andconcerns the existence or location of a monument or physicalboundary;
(3) is made by a land surveyor registered under IC 25-21.5 andreconciles ambiguous descriptions in conveyances withdescriptions in a regular chain of title;
(4) concerns facts incident to the adverse possession of realproperty and the payment of taxes on that property; or
(5) is made by a purchaser of real property sold on foreclosureor conveyed in lieu of foreclosure of:
(A) a deed of trust securing an issue of bonds or otherevidences of indebtedness;
(B) a mortgage;
(C) a contract for the sale of real property; or
(D) any other security instrument;
held by a fiduciary or other representative, and concerns theauthority of the purchaser to purchase the property and theterms and conditions on which the property is to be held anddisposed of;
may be recorded in the office of the recorder of the county in whichthe property is located. If an affidavit is presented to the recorder forrecord under this section, the recorder shall record it in themiscellaneous records in the recorder's office.
(b) An affidavit recorded under this section may be received inevidence in any proceeding affecting the real property and constitutesprima facie evidence of the facts and circumstances contained in theaffidavit.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1991,SEC.33.
IC 36-2-11-20
Memorandum of lease; recording; effect
Sec. 20. (a) A memorandum of a lease may be recorded in lieu ofthe lease itself if the memorandum is executed and acknowledged bythe lessor and the lessee and contains:
(1) the names of the lessor and the lessee;
(2) the term of the lease;
(3) any option of the lessee to renew or extend the term of thelease; and
(4) the specific legal description of the leased premises, or asurvey or plot plan authorized under subsection (c) showing thelocation of the leased premises.
(b) A memorandum recorded under this section may also containany other agreement made between the lessor and the lessee in thelease.
(c) A survey or plot plan may be used in lieu of a specific legaldescription to describe:
(1) any part of a building on the leased premises, if the specificlegal description of the real property on which the building islocated is set forth in the memorandum, survey, or plot plan;
(2) any part of the leased premises that is part of a larger tractof land, if the specific legal description of the larger tract is setforth in the memorandum, survey, or plot plan; or
(3) real property of the lessor, if:
(A) its use is restricted by the terms of the lease;
(B) it is located wholly within real property of the lessor; and
(C) the specific legal description of the real property withinwhich it is located is set forth in the memorandum, survey, orplot plan.
(d) As to the provisions contained in a memorandum recordedunder this section, recording the memorandum has the same effect asrecording the lease itself.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-21
Repealed
(Repealed by P.L.338-1987, SEC.2.)
IC 36-2-11-22
Certified copy of matter relating to bankruptcy; recording inmiscellaneous records
Sec. 22. The recorder shall record a certified copy of a matterrelating to bankruptcy if federal law requires that the copy be filedin the county in which lands of the bankrupt are located in order togive notice of the bankruptcy. The recorder shall record the copy inthe miscellaneous records and shall index it in the same manner asdeeds, in the name of the bankrupt as grantor and the trustee inbankruptcy or receiver as grantee.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-23
Official seal
Sec. 23. (a) The recorder shall use an official seal in attesting aninstrument when appropriate to seal the instrument. Before therecorder uses his official seal, he shall file the impression of the sealand a verified description of that impression in the office of the clerkof the circuit court, for recording in the order book of that court.
(b) If the recorder has complied with this section, full faith andcredit shall be given to his seal without further attestation.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-24
List of recorded mortgage releases
Sec. 24. The county recorder shall, on or before the 20th day ofeach month, furnish the county auditor a list of the mortgage releasesrecorded during the prior month. The list shall set forth the full nameof the mortgagor, the book and page numbers of the originalmortgage, the amount being released, and the date of the release.
As added by Acts 1982, P.L.44, SEC.10.
IC 36-2-11-25
Federal liens; notice; filing; certificate of discharge; recording;exemption from redaction requirements
Sec. 25. (a) This section applies to:
(1) a lien arising under Section 107 of the ComprehensiveEnvironmental Response, Compensation and Liability Act, 42U.S.C. 9601 et seq. (commonly known as the Superfund Law);and
(2) any other federal lien on real property or any federal tax lienon personal property provided for in the statutes or regulationsof the United States.
In order for a lien covered by this section to be perfected, notice ofthe lien must be filed in the office of the recorder of the county inwhich the real or personal property subject to the lien is located.
(b) When a notice of a lien covered by this section is presented tothe recorder for filing, the recorder shall enter it appropriately in theentry book and in the miscellaneous record. The entries made underthis subsection must show the date of filing, the book and pagenumber or instrument number, the name of the person named in thenotice, a legal description of the property, if appropriate, and anyserial number or other identifying number given in the notice.
(c) When a certificate of discharge of a federal lien covered bythis section is issued by the proper officer and presented for filing inthe office of the recorder of the county where the notice of lien wasfiled, the recorder shall record the certificate of discharge as a releaseof the lien. However, to be recorded under this subsection, thecertificate must refer to the recorder's book and page number orinstrument number under which the lien was recorded.
(d) When recording a release of a lien under subsection (c), therecorder shall inscribe, in the margin of each entry made to record
the lien under subsection (a), a reference to the place where therelease is recorded.
(e) Upon the recording of the certificate of discharge as a releaseunder subsection (c) and the inscribing of the references to therelease under subsection (d), a certificate of discharge of a liencovered by this section operates as a full discharge and satisfactionof the lien, unless the references to the release inscribed undersubsection (d) specifically note the release as a partial lien release.
(f) A federal lien on real property and a federal tax lien onpersonal property are not subject to the:
(1) requirement to redact Social Security numbers as describedin IC 36-2-7.5-1.5; or
(2) requirements to include statements in a recorded or filedinstrument as described in section 15(c) and 15(d) of thischapter.
As added by P.L.338-1987, SEC.1. Amended by P.L.256-1993,SEC.1; P.L.171-2006, SEC.22.
IC 36-2-11-26
Social Security number on instruments presented for recording
Sec. 26. (a) This section does not apply to an instrument executedbefore July 1, 2002.
(b) A person may not present for recording by the county recordera mortgage instrument that discloses a Social Security number.
As added by P.L.16-2001, SEC.2.
IC 36-2-11-27
Payments to county recorder; transaction fees; contracting withpayment processing companies authorized
Sec. 27. (a) A payment to the county recorder for any purposemay be made by any of the following financial instruments that thecounty recorder authorizes to use:
(1) Cash.
(2) Check.
(3) Bank draft.
(4) Money order.
(5) Bank card or credit card.
(6) Electronic funds transfer.
(7) Any other financial instrument authorized by the countyrecorder.
(b) If there is a charge to the county recorder for the use of afinancial instrument other than a bank card or credit card, the countyrecorder shall collect a sum equal to the amount of the charge fromthe person who uses the financial instrument.
(c) The county recorder may contract with a bank card or creditcard vendor for acceptance of bank cards or credit cards. A paymentmade under this chapter does not finally discharge the person'sliability, and the person has not paid the liability until the countyrecorder receives payment or credit from the institution responsiblefor making the payment or credit. Subject to subsection (e), if there
is a vendor transaction card or discount fee, whether billed to thecounty recorder or charged directly to the county recorder's account,the county recorder shall collect a fee from the person using the bankcard or credit card. The fee is a permitted charge underIC 24-4.5-3-202.
(d) Subject to subsection (e), the county recorder may contractwith a payment processing company, which may collect a transactionfee from the person using the bank card or credit card.
(e) The county recorder shall collect and deposit in theappropriate fund an amount not less than the amount the countyrecorder would collect and deposit if the county recorder receivedpayment by a means other than a bank card or credit card.
(f) Funds described in subsection (c) may be used withoutappropriation to pay the transaction charge or discount fee chargedby the bank or credit card vendor.
As added by P.L.171-2006, SEC.23.