§ 32-18-1-2 — Filing indenture of assignment with county recorder; description of property; oaths of assignor

Indiana § 32-18-1-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 18: INTERESTS OF CREDITORS IN PROPERTY
• Ch. 1: Assignment of Real and Personal Property for the Benefit

Text

(a) An assignment under this chapter must be:
(1) by indenture; and
(2) signed and acknowledged before a person who is authorized
to take the acknowledgment of deeds.
(b) The indenture must, within ten (10) days after the execution, be
filed with the recorder of the county in which the assignor resides. The
recorder shall record the indenture of assignment the same as deeds are
recorded.
(c) The indenture of assignment must:
(1) contain a full description of all real estate assigned; and
(2) be accompanied by a schedule containing a particular
enumeration and description of all the personal property assigned.
(d) The assignor shall make oath before a person authorized to
administer oaths. The oath must:
(1) verify the indenture and schedule and contain a statement of
all the property, rights, and credits belonging to the assignor, or
of which the assignor has knowledge, and that the assignor has
not, directly or indirectly, transferred or reserved a sum of money
or article of property for the assignor's own use or the benefit of
another person; and
(2) indicate the assignor has not acknowledged a debt or
confessed a judgment to a person for a sum greater than was justly
owing to the person, or with the intention of delaying or
defrauding the assignor's creditors.
(e) An assignment under this chapter may not convey to the assignee
an interest in property assigned until the assignment is recorded as
provided in this section.
[Pre-2002 Recodification Citation: 32-12-1-2.]

Legislative History

As added by P.L.2-2002, SEC.3.