Sec. 8. (a) As used in this section, “paper document” or “paper documents” means a tangible record that is received by a county recorder in a form that is not electronic.

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Terms Used In Indiana Code 32-21-2.5-8

  • documents: means an electronic record (as defined in IC 26-2-8-102) or information that is:

    Indiana Code 32-21-2.5-1

  • electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-21-2.5-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • state: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Indiana Code 32-21-2.5-6
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (b) On or before July 1, 2022, a county recorder shall receive for recording, indexing, storage, archiving, access to, searching of, retrieval, and transmittal all electronic documents proper for recording. A county recorder shall also accept electronically any fee or tax that the county recorder is authorized to collect under applicable laws. A county recorder shall implement the processing of electronic documents proper for recording in compliance with:

(1) this article;

(2) IC 33-42;

(3) IC 36-2-7.5;

(4) IC 36-2-11; and

(5) IC 36-2-13; and

the standards adopted by the electronic recording commission created under section 9 of this chapter.

     (c) This section does not apply to the following documents:

(1) A military discharge under IC 10-17-2.

(2) A survey of real property.

(3) A plat of real property.

     (d) A recorder who accepts electronic documents for recording shall:

(1) continue to accept paper documents as authorized by state law; and

(2) place entries for paper documents and electronic documents in the same index.

     (e) A recorder who accepts electronic documents for recording may:

(1) convert paper documents accepted for recording into electronic form;

(2) convert into electronic form information recorded before the county recorder began to accept and index electronic documents; or

(3) agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.47; P.L.26-2022, SEC.5.

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