Citations Affected: IC 36-2.
Synopsis: Requirements for recording documents and copies.
Requires (rather than allows) a recorder to record a document or a copy
of a document if: (1) the document complies with other statutory
recording requirements; and (2) the document or copy will produce a
clear and unobstructed copy. Provides that a recorded copy has the
same effect as if the original document had been recorded.
Effective: July 1, 2008.
January 8, 2008, read first time and referred to Committee on Local Government.
January 24, 2008, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
legibly printed, typewritten, or stamped immediately beneath his
the person's signature or the signature itself is printed,
typewritten, or stamped;
(2) the name of each witness to the instrument is legibly printed,
typewritten, or stamped immediately beneath his the signature of
the witness or the signature itself is printed, typewritten, or
stamped;
(3) the name of each notary public whose signature appears on the
instrument is legibly printed, typewritten, or stamped immediately
beneath his the signature of the notary public or the signature
itself is printed, typewritten, or stamped; and
(4) the name of each person who executed the instrument appears
identically in the body of the instrument, in the acknowledgment
or jurat, in his the person's signature, and beneath his the
person's signature;
or if subsection (d) is complied with.
(d) The recorder may receive for record an instrument that does not
comply with subsection (c) if:
(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; and
(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.
(e) The recorder may 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.
All copies accepted for recording shall be marked as copies by the
recorder.
(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.