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 as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The recorder forfeits office if the recorder ceases to be a
resident 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) years
and 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 to
training courses related to the office of county recorder that are
developed by the Association of Indiana Counties and approved by
the state board of accounts.
(b) An individual elected to the office of county recorder after
November 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 provided
at the county seat by the county executive. He shall keep his office
open for business during regular business hours on every day of the
year except Sundays and legal holidays. However, he may close his
office on days specified by the county executive according to the
custom 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 office
on a day when his office is closed under section 3 of this chapter may
be 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 shall
deliver all instruments left for record with him to his successor in
office, 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 before
entering and recording an instrument.
(b) If:
(1) a person, in payment of a recording fee required under
IC 36-2-7-10, submits an amount that exceeds the amount of the
fee set forth in IC 36-2-7-10; and
(2) the instrument submitted meets the statutory requirements
for filing;
the recorder shall accept and record the instrument. If the amount
submitted is at least three dollars ($3) more than the fee required by
IC 36-2-7-10, the amount that exceeds three dollars ($3) shall be
refunded upon the request of the person filing the document. The
recorder 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 for
recording 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 amount
of a dishonored check, for penalties assessed against a dishonored
check, or for financial institution charges relating to a dishonored
check, if:
(1) the check was tendered to the county recorder for the
payment of a fee; and
(2) the acceptance of the check was not an act or omission
constituting gross negligence or an intentional disregard of the
responsibilities 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 are
proper for recording, in the order in which they are received in the
recorder's office for record. The recorder shall record deeds and
mortgages in separate records.
(b) The recorder shall establish a written procedure for the public
to obtain access to the original instrument in order to protect the
instrument from loss, alteration, mutilation, or destruction. The
recorder shall post the written procedure in the recorder's office.
(c) Providing an exact copy of an original instrument in the
possession of the recorder is sufficient to comply with the inspection
of public records provided under IC 5-14-3-3 if the original
document 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 shall
enter the date on which he received each instrument for recording,
the names of the parties to the instrument, a description of the
premises affected by the instrument, and the fees for recording the
instrument.
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 record
book 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 legibly
printed on the sheets;
(2) the original instrument is filed for record in his office at the
same time; and
(3) he is satisfied that the complete text of the original
instrument has been accurately and legibly printed on the
sheets.
After the recorder has numbered the sheets and securely fastened
them into the official record book at the proper place according to the
date and time of the filing of the instrument for record, the
instruments 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 record
books only for the recording of instruments presented by persons
who presented fifty (50) or more instruments for recording during the
preceding year.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-12
Grantor and grantee index; separate indexes for deeds and
mortgages; requisites
Sec. 12. (a) The recorder shall index each volume of instruments
the recorder records by:
(1) the name of each grantor, promisor, or covenantor, in
alphabetical order and cross-referenced to the proper grantee,
promisee, or covenantee; and
(2) the name of each grantee, promisee, or covenantee, in
alphabetical order and cross-referenced to the proper grantor,
promisor, or covenantor.
(b) The recorder shall accurately maintain separate indexes of all
the records of:
(1) deeds for real estate; and
(2) mortgages on real estate;
in the recorder's office. The recorder shall index each deed or
mortgage alphabetically, by the name of each grantor and grantee or
mortgagor and mortgagee, and shall include in each index entry a
concise description of the real property, the date of the deed or
mortgage, and the number or letter of the book and the page at which
each 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 county
where plat or property not located
Sec. 13. If a plat or an instrument of title to real property is
recorded in a county other than the one in which the plat or property
is located, the county executive of the county in which the plat or
property is located may order the recorder of its county to record a
copy of the plat or instrument that has been certified by the recorder
of the county in which it was first recorded. A copy of a record made
under this section that is certified by the recorder of the county in
which the plat or property is located has the same force in evidence
as 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 by
IC 36-2-9-18.
(b) A recorder who violates this section shall forfeit the sum of
five 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 of
person or governmental agency that prepared instrument
Sec. 15. (a) This section does not apply to:
(1) an instrument executed before July 1, 1959, or recorded
before 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 on
personal property, as described in section 25 of this chapter.
(b) The recorder may receive for record or filing an instrument
that conveys, creates, encumbers, assigns, or otherwise disposes of
an 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, or
signed 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 a
statement in the following form:
"This instrument was prepared by (name).".
(d) An instrument complies with subsection (b)(2) if it contains
a statement in the following form at the conclusion of the instrument
and immediately preceding or following the statement required by
subsection (b)(1):
"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 (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 be
printed, typewritten, or stamped immediately beneath the person's
signature, the signature must be written on the instrument, directly
preceding the printed, typewritten, or stamped name, and may not be
superimposed 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 instrument
so as to render the connection between the two apparent.
(c) Except as provided in subsection (d), the recorder may receive
for record an instrument only if all of the following requirements are
met:
(1) The name of each person who executed the instrument is
legibly printed, typewritten, or stamped immediately beneath
the person's signature or the signature itself is printed,
typewritten, or stamped.
(2) The name of each witness to the instrument is legibly
printed, typewritten, or stamped immediately beneath the
signature of the witness or the signature itself is printed,
typewritten, or stamped.
(3) The name of each notary public whose signature appears on
the instrument is legibly printed, typewritten, or stamped
immediately beneath the signature of the notary public or the
signature itself is printed, typewritten, or stamped.
(4) The name of each person who executed the instrument
appears identically in the body of the instrument, in the
acknowledgment or jurat, in the person's signature, and beneath
the 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 does
not comply with subsection (c) if all of the following requirements
are met:
(1) A printed or typewritten affidavit of a person with personal
knowledge 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 not
printed, typewritten, or stamped on the instrument as prescribed
by this section.
(4) When the instrument does not comply with subsection
(c)(4), the affidavit states the correct name of the person and
states that each of the names used in the instrument refers to the
person.
(5) If the instrument is a copy, the instrument is marked "Copy".
(e) The recorder shall record a document presented for recording
or a copy produced by a photographic process of the document
presented for recording if:
(1) the document complies with other statutory recording
requirements; and
(2) the document or copy will produce a clear and unobstructed
copy.
(f) An instrument, document, or copy received and recorded by a
county recorder is conclusively presumed to comply with this
section. A recorded copy shall have the same effect as if the original
document 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 or
a document without collecting the additional fee described in
subsection (c) if:
(1) the instrument or document consists of at least one (1)
individual page measuring not more than eight and one-half (8
1/2) inches by fourteen (14) inches that is not permanently
bound and is not a continuous form;
(2) the instrument or document is on white paper of at least
twenty (20) pound weight and has clean margins:
(A) on the first and last pages of at least two (2) inches on
the 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 on
the top, bottom, and each side; and
(3) the instrument or document is typewritten or computer
generated in black ink in at least 10 point type.
(c) For each instrument or document presented for recording that
does not conform to the requirements of subsection (b), the recorder
may 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 farm
and a description of the land to which the name applies recorded in
a register kept for that purpose by the recorder of the county in which
the farm is located. The recorder, under the seal of his office, shall
present to the owner a proper certificate setting forth the name and
description of the farm.
(b) If a name is recorded as the name of a farm, the name may not
be recorded as the name of another farm in the same county.
(c) If the name of a farm is recorded under this section and the
owner conveys all of the farm, the recorded name of the farm also is
conveyed. If the owner conveys only a part of the farm, the recorded
name of the farm is conveyed only if so stated in the deed of
conveyance.
(d) An owner of a farm may cancel the recorded name of the farm
by making the following statement on the margin of the record of the
name: "This name is cancelled and I hereby release all rights
thereunder." This statement must be signed by the owner and attested
by the recorder.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-11-18
Marginal entries; satisfaction, cancellation, or assignment; entry
in entry book
Sec. 18. (a) The recorder may allow marginal entries.
(b) If a satisfaction, cancellation, or assignment of any kind is
made on the margin of a record in the recorder's office, the recorder
shall immediately enter it on the entry book. The entry must show the
date of entry, the name of the person who executed the instrument
satisfied, cancelled, or assigned, and the name, number, and page of
the 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 prima
facie 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 an
instrument affecting real property;
(2) is made by a land surveyor registered under IC 25-21.5 and
concerns the existence or location of a monument or physical
boundary;
(3) is made by a land surveyor registered under IC 25-21.5 and
reconciles ambiguous descriptions in conveyances with
descriptions in a regular chain of title;
(4) concerns facts incident to the adverse possession of real
property and the payment of taxes on that property; or
(5) is made by a purchaser of real property sold on foreclosure
or conveyed in lieu of foreclosure of:
(A) a deed of trust securing an issue of bonds or other
evidences 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 the
authority of the purchaser to purchase the property and the
terms and conditions on which the property is to be held and
disposed of;
may be recorded in the office of the recorder of the county in which
the property is located. If an affidavit is presented to the recorder for
record under this section, the recorder shall record it in the
miscellaneous records in the recorder's office.
(b) An affidavit recorded under this section may be received in
evidence in any proceeding affecting the real property and constitutes
prima facie evidence of the facts and circumstances contained in the
affidavit.
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 of
the lease itself if the memorandum is executed and acknowledged by
the 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 the
lease; and
(4) the specific legal description of the leased premises, or a
survey or plot plan authorized under subsection (c) showing the
location of the leased premises.
(b) A memorandum recorded under this section may also contain
any other agreement made between the lessor and the lessee in the
lease.
(c) A survey or plot plan may be used in lieu of a specific legal
description to describe:
(1) any part of a building on the leased premises, if the specific
legal description of the real property on which the building is
located is set forth in the memorandum, survey, or plot plan;
(2) any part of the leased premises that is part of a larger tract
of land, if the specific legal description of the larger tract is set
forth 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 within
which it is located is set forth in the memorandum, survey, or
plot plan.
(d) As to the provisions contained in a memorandum recorded
under this section, recording the memorandum has the same effect as
recording 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 in
miscellaneous records
Sec. 22. The recorder shall record a certified copy of a matter
relating to bankruptcy if federal law requires that the copy be filed
in the county in which lands of the bankrupt are located in order to
give notice of the bankruptcy. The recorder shall record the copy in
the miscellaneous records and shall index it in the same manner as
deeds, in the name of the bankrupt as grantor and the trustee in
bankruptcy 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 an
instrument when appropriate to seal the instrument. Before the
recorder uses his official seal, he shall file the impression of the seal
and a verified description of that impression in the office of the clerk
of the circuit court, for recording in the order book of that court.
(b) If the recorder has complied with this section, full faith and
credit 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 of
each month, furnish the county auditor a list of the mortgage releases
recorded during the prior month. The list shall set forth the full name
of the mortgagor, the book and page numbers of the original
mortgage, 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 Comprehensive
Environmental Response, Compensation and Liability Act, 42
U.S.C. 9601 et seq. (commonly known as the Superfund Law);
and
(2) any other federal lien on real property or any federal tax lien
on personal property provided for in the statutes or regulations
of the United States.
In order for a lien covered by this section to be perfected, notice of
the lien must be filed in the office of the recorder of the county in
which the real or personal property subject to the lien is located.
(b) When a notice of a lien covered by this section is presented to
the recorder for filing, the recorder shall enter it appropriately in the
entry book and in the miscellaneous record. The entries made under
this subsection must show the date of filing, the book and page
number or instrument number, the name of the person named in the
notice, a legal description of the property, if appropriate, and any
serial number or other identifying number given in the notice.
(c) When a certificate of discharge of a federal lien covered by
this section is issued by the proper officer and presented for filing in
the office of the recorder of the county where the notice of lien was
filed, the recorder shall record the certificate of discharge as a release
of the lien. However, to be recorded under this subsection, the
certificate must refer to the recorder's book and page number or
instrument number under which the lien was recorded.
(d) When recording a release of a lien under subsection (c), the
recorder shall inscribe, in the margin of each entry made to record
the lien under subsection (a), a reference to the place where the
release is recorded.
(e) Upon the recording of the certificate of discharge as a release
under subsection (c) and the inscribing of the references to the
release under subsection (d), a certificate of discharge of a lien
covered by this section operates as a full discharge and satisfaction
of the lien, unless the references to the release inscribed under
subsection (d) specifically note the release as a partial lien release.
(f) A federal lien on real property and a federal tax lien on
personal property are not subject to the:
(1) requirement to redact Social Security numbers as described
in IC 36-2-7.5-1.5; or
(2) requirements to include statements in a recorded or filed
instrument as described in section 15(c) and 15(d) of this
chapter.
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 executed
before July 1, 2002.
(b) A person may not present for recording by the county recorder
a 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 with
payment processing companies authorized
Sec. 27. (a) A payment to the county recorder for any purpose
may be made by any of the following financial instruments that the
county 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 county
recorder.
(b) If there is a charge to the county recorder for the use of a
financial instrument other than a bank card or credit card, the county
recorder shall collect a sum equal to the amount of the charge from
the person who uses the financial instrument.
(c) The county recorder may contract with a bank card or credit
card vendor for acceptance of bank cards or credit cards. A payment
made under this chapter does not finally discharge the person's
liability, and the person has not paid the liability until the county
recorder receives payment or credit from the institution responsible
for making the payment or credit. Subject to subsection (e), if there
is a vendor transaction card or discount fee, whether billed to the
county recorder or charged directly to the county recorder's account,
the county recorder shall collect a fee from the person using the bank
card or credit card. The fee is a permitted charge under
IC 24-4.5-3-202.
(d) Subject to subsection (e), the county recorder may contract
with a payment processing company, which may collect a transaction
fee from the person using the bank card or credit card.
(e) The county recorder shall collect and deposit in the
appropriate fund an amount not less than the amount the county
recorder would collect and deposit if the county recorder received
payment by a means other than a bank card or credit card.
(f) Funds described in subsection (c) may be used without
appropriation to pay the transaction charge or discount fee charged
by the bank or credit card vendor.
As added by P.L.171-2006, SEC.23.