§ 36-2-11-16 — Requirements for instruments to be received and recorded

Indiana § 36-2-11-16

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 2: GOVERNMENT OF COUNTIES GENERALLY
• Ch. 11: County Recorder

Text

(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,
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.