Indiana Code 36-2-11-16. Requirements for instruments to be received and recorded
(1) an instrument executed before November 4, 1943;
Terms Used In Indiana Code 36-2-11-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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, stamped, or logically associated with the instrument.
(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, stamped, or logically associated with the instrument.
(3) The name of each notarial officer whose signature appears on the instrument is legibly printed, typewritten, or stamped immediately beneath the signature of the notarial officer or the signature itself is printed, typewritten, stamped, or logically associated with the instrument.
(4) The name of each person who executed the instrument appears identically in the body of the instrument, in the acknowledgment or proof (as defined in and permitted under IC 32-21-2) in the person’s signature, and beneath the person’s signature.
(5) The execution of the instrument and the acknowledgment or proof (as defined in and permitted under IC 32-21-2), complies with IC 33-42.
(6) 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.
[Pre-Local Government Recodification Citations: 17-3-42-1; 17-3-42-2; 17-3-42-3; 17-3-42-4.]
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; P.L.185-2021, SEC.65.