January 25, 2008





HOUSE BILL No. 1111

_____


DIGEST OF HB 1111 (Updated January 23, 2008 6:06 pm - DI 75)



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.





Foley , Klinker , Smith V , Harris T




    January 8, 2008, read first time and referred to Committee on Local Government.
    January 24, 2008, amended, reported _ Do Pass.






January 25, 2008

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1111



    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-2-11-16; (08)HB1111.1.1. -->     SECTION 1. IC 36-2-11-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 16. (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 his 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) The recorder may receive for record an instrument only if:
        (1) the name of each person who executed the instrument is

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.