Sec. 1. (a) As used in this section, “conveyance” means an electronic document as defined in IC 32-21-2.5-3 or a paper document as defined in IC 32-21-2.5-8(a) that is:

(1) a deed or other instrument concerning land or an interest in land, except a last will and testament;

contract signature

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Terms Used In Indiana Code 32-21-4-1

  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
(2) a lease or memorandum of lease for a term exceeding three (3) years;

(3) a transfer on death deed as defined under IC 32-17-14-3(16) or an affidavit pursuant to IC 32-17-14-26(b)(20); or

(4) a land contract or a memorandum of land contract for the sale and purchase of land.

     (b) A conveyance or mortgage must be recorded in the recorder’s office in the county where the land is located.

     (c) A conveyance or mortgage takes priority according to the time of its recording. The conveyance or mortgage is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser’s, lessee’s, or mortgagee’s deed, mortgage, or lease is first recorded.

     (d) This subsection applies regardless of when an instrument is recorded. If:

(1) an instrument is recorded; and

(2) the instrument:

(A) does not comply with the requirements of:

(i) IC 32-21-2-3, including whether there was both an acknowledgment and proof on the instrument; or

(ii) IC 32-21-2-7;

(B) does not comply with the technical requirements of IC 36-2-11-16(c);

(C) was executed and included an acknowledgment executed pursuant to the terms of any executive order issued by the governor or an order of the supreme court; or

(D) was recorded and indexed by a county recorder as an electronic record (as defined in IC 26-2-8-102);

the instrument is validly recorded and provides constructive notice of the contents of the instrument as of the date of recording.

[Pre-2002 Recodification Citation: 32-1-2-16.]

As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.81; P.L.135-2007, SEC.2; P.L.129-2008, SEC.1; P.L.94-2014, SEC.5; P.L.236-2015, SEC.7; P.L.2-2021, SEC.5.

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