Citations Affected: IC 6-1.1; IC 24-9-9; IC 32-29; IC 32-30-10-6;
IC 36-2.
Synopsis: County recorders. Requires the county auditor to record a
copy of a certificate of sale within 30 days after a tax sale. Allows the
county auditor to charge a fee of $25, to be collected from the proceeds
of the tax sale, for the cost of recording a certificate of sale. Provides
that the notice of a tax sale or sale of a certificate of sale required to
obtain a tax deed must include the instrument number of the certificate
of sale and the date the certificate was recorded. Increases from $2 per
page to $5 per page the fee for providing copies of records on paper
larger than legal size. Provides the following: (1) Establishes inclusive
fees for recording mortgages, deeds, assignments, affidavits,
satisfactions, releases, and tax sale certificates. (2) Requires that after
certain fees are deducted, the remainder of the fees collected for
recording these documents must be deposited in the recorder's records
perpetuation fund. Provides that the county identification security
protection fee for recording a document is included in the fee charged
for recording a mortgage, deed, assignment, affidavit, satisfaction,
release, or tax sale certificate. Provides that with regard to recording a
nonconforming document: (1) requires (rather than allows) the recorder
to attach additional pages as needed; and (2) requires the recorder to
collect an additional $25 fee for the entire document (instead of an
additional fee of $1 for each nonconforming page). Maintains the
following requirements: (1) $5 of each deed recording fee is deposited
in the surveyor's corner perpetuation fund. (2) $2.50 of each mortgage
recording fee is deposited in the state general fund and the homeowner
protection unit account. Provides that a county ordinance adopted
before, on, or after July 1, 2012, that authorizes the collection of a fee
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Local Government.
on each document recorded, a part of which is deposited into the
county's affordable housing fund or housing trust fund, authorizes the
county recorder to charge the fee as part of the fee collected for each
mortgage, deed, assignment, affidavit, satisfaction, release, or tax sale
certificate recorded. Provides that for purposes of recording, a
document should conform to the standards set forth in statute, but may
not be rejected unless the document is considered to be illegible by the
county recorder or is incapable of being archived.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
real property that are due and payable in the year of the sale,
whether or not they are delinquent;
(C) all penalties due on the delinquencies;
(D) an amount prescribed by the county auditor that equals the
sum of:
(i) the greater of twenty-five dollars ($25) or postage and
publication costs; and
(ii) twenty-five dollars ($25) for the cost of recording the
certificate of sale; and
(ii) (iii) any other actual costs incurred by the county that are
directly attributable to the tax sale; and
(E) any unpaid costs due under subsection (b) from a prior tax
sale.
(4) A statement that a person redeeming each tract or item of real
property after the sale must pay:
(A) one hundred ten percent (110%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property
is redeemed not more than six (6) months after the date of
sale;
(B) one hundred fifteen percent (115%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property
is redeemed more than six (6) months after the date of sale;
(C) the amount by which the purchase price exceeds the
minimum bid on the tract or item of real property plus ten
percent (10%) per annum on the amount by which the
purchase price exceeds the minimum bid; and
(D) all taxes and special assessments on the tract or item of
real property paid by the purchaser after the tax sale plus
interest at the rate of ten percent (10%) per annum on the
amount of taxes and special assessments paid by the purchaser
on the redeemed property.
(5) A statement for informational purposes only, of the location
of each tract or item of real property by key number, if any, and
street address, if any, or a common description of the property
other than a legal description. The township assessor, or the
county assessor if there is no township assessor for the township,
upon written request from the county auditor, shall provide the
information to be in the notice required by this subsection. A
misstatement in the key number or street address does not
invalidate an otherwise valid sale.
not later than thirty (30) days after the tax sale, record a true copy
of the certificate of sale in the office of the county recorder. The
certificate shall be indexed in the recorder's office by the name on
the certificate required under subdivision (2). The certificate shall
contain:
(1) a description of real property that corresponds to the
description used on the notice of sale;
(2) the name of:
(A) the owner of record at the time of the sale of real property
with a single owner; or
(B) at least one (1) of the owners of real property with multiple
owners;
(3) the mailing address of the owner of the real property sold as
indicated in the records of the county auditor;
(4) the name of the purchaser;
(5) the date of sale;
(6) the amount for which the real property was sold;
(7) the amount of the minimum bid for which the tract or real
property was offered at the time of sale as required by section 5
of this chapter;
(8) the date when the period of redemption specified in
IC 6-1.1-25-4 will expire;
(9) the court cause number under which judgment was obtained;
and
(10) the street address, if any, or common description of the real
property.
(b) When a certificate of sale is issued under this section, the
purchaser acquires a lien against the real property for the entire amount
paid. The lien of the purchaser is superior to all liens against the real
property which exist at the time the certificate is issued.
(c) A certificate of sale is assignable. However, an assignment is not
valid unless it is endorsed on the certificate of sale, acknowledged
before an officer authorized to take acknowledgments of deeds, and
registered in the office of the county auditor. When a certificate of sale
is assigned, the assignee acquires the same rights and obligations that
the original purchaser acquired.
(d) Subject to IC 36-1-11-8, the county executive may assign a
certificate of sale held in the name of the county executive to any
political subdivision during the life of the certificate. If an assignment
is made under this subsection, the period of redemption of the real
property under IC 6-1.1-25 is one hundred twenty (120) days after the
date of the assignment.
record in the tract or real property.
(d) The person required to give the notice under subsection (a), (b),
or (c) shall give the notice by sending a copy of the notice by certified
mail to:
(1) the owner of record at the time of the:
(A) sale of the property;
(B) acquisition of the lien on the property under IC 6-1.1-24-6;
or
(C) sale of the certificate of sale on the property under
IC 6-1.1-24;
at the last address of the owner for the property, as indicated in
the records of the county auditor; and
(2) any person with a substantial property interest of public record
at the address for the person included in the public record that
indicates the interest.
However, if the address of the person with a substantial property
interest of public record is not indicated in the public record that
created the interest and cannot be located by ordinary means by the
person required to give the notice under subsection (a), (b), or (c), the
person may give notice by publication in accordance with IC 5-3-1-4
once each week for three (3) consecutive weeks.
(e) The notice that this section requires shall contain at least the
following:
(1) A statement that a petition for a tax deed will be filed on or
after a specified date.
(2) The date on or after which the petitioner intends to petition for
a tax deed to be issued.
(3) A description of the tract or real property shown on the
certificate of sale.
(4) The date the tract or real property was sold at a tax sale.
(5) The name of the:
(A) purchaser or purchaser's assignee;
(B) county executive that acquired the lien on the property
under IC 6-1.1-24-6; or
(C) person that purchased the certificate of sale on the
property under IC 6-1.1-24.
(6) A statement that any person may redeem the tract or real
property.
(7) The components of the amount required to redeem the tract or
real property.
(8) A statement that an entity identified in subdivision (5) is
entitled to reimbursement for additional taxes or special
assessments on the tract or real property that were paid by the
entity subsequent to the tax sale, lien acquisition, or purchase of
the certificate of sale, and before redemption, plus interest.
(9) A statement that the tract or real property has not been
redeemed.
(10) A statement that an entity identified in subdivision (5) is
entitled to receive a deed for the tract or real property if it is not
redeemed before the expiration of the period of redemption
specified in section 4 of this chapter.
(11) A statement that an entity identified in subdivision (5) is
entitled to reimbursement for costs described in section 2(e) of
this chapter.
(12) The date of expiration of the period of redemption specified
in section 4 of this chapter.
(13) A statement that if the property is not redeemed, the owner
of record at the time the tax deed is issued may have a right to the
tax sale surplus, if any.
(14) The street address, if any, or a common description of the
tract or real property.
(15) The key number or parcel number of the tract or real
property.
(16) The instrument number of the certificate of sale and the
date the certificate of sale was recorded under IC 6-1.1-24-9.
(f) The notice under this section must include not more than one (1)
tract or item of real property listed and sold in one (1) description.
However, when more than one (1) tract or item of real property is
owned by one (1) person, all of the tracts or real property that are
owned by that person may be included in one (1) notice.
(g) A single notice under this section may be used to notify joint
owners of record at the last address of the joint owners for the property
sold, as indicated in the records of the county auditor.
(h) The notice required by this section is considered sufficient if the
notice is mailed to the address required under subsection (d).
(i) The notice under this section and the notice under section 4.6 of
this chapter are not required for persons in possession not shown in the
public records.
(j) If the purchaser fails to:
(1) comply with subsection (c)(3); or
(2) petition for the issuance of a tax deed within the time
permitted under section 4.6(a) of this chapter;
the certificate of sale reverts to the county executive and may be
retained by the county executive or sold under IC 6-1.1-24-6.1.
If a recorder accepts marginal assignments of mortgage, an instrument
presented for recording in that county may not contain more than one
(1) assignment. If a recorder allows an instrument to contain more than
one (1) assignment, the fee for recording that instrument is provided in
IC 36-2-7-10(b)(3). The fee for recording an assignment is provided
in IC 36-2-7-10(k).
(d) In a county that does not accept marginal assignments of
mortgage, an assignment of mortgage must be recorded on a
separate written instrument from the mortgage. A recorder may
allow an instrument to contain more than one (1) assignment. The
fee for recording an assignment is provided in IC 36-2-7-10(k).
(d) (e) After entry is made of record, the mortgagor and all other
persons are bound by the record, and the entry is a public record. Any
assignee may enter satisfaction or release of the mortgage, or the part
of the mortgage held by the assignee of record.
discharge mortgages, judgments, or other record liens by a separate
written instrument signed by its:
(1) corporate name;
(2) president;
(3) vice president;
(4) cashier;
(5) secretary;
(6) treasurer;
(7) attorney-in-fact; or
(8) authorized representative.
A release under this subsection shall be recorded by the recorder, clerk,
or other officer having custody of the record of the lien, with a
reference on the margin of the record of the lien to the location where
the release is recorded. Upon recordation, the release is a full discharge
and satisfaction of the lien, or portion of the lien, as indicated in a
partial release.
(e) A release by the attorney-in-fact may not be recorded until a
written instrument specifically granting the attorney in fact the
authority to release and discharge mortgages, judgments, or other
record liens has been filed and recorded in the recorder's office of the
county where the release is to be recorded. The written instrument must
be in writing and signed and acknowledged by two (2) officers of the
national bank, state bank, trust company, savings bank, or other
corporation.
(f) A party may revoke the written instrument filed under subsection
(e) by:
(1) noting on the written instrument granting the attorney in fact
the authority to release mortgages and liens that this power has
been revoked; or
(2) filing and recording in the recorder's office of the county
where the written instrument described in subsection (e) of this
section was filed, a separate written instrument signed and
acknowledged by two (2) officers of the entity revoking the
attorney-in-fact's authority.
The written notice of revocation described in this subsection must be
attested by the recorder of the county in which the revocation is filed.
The party conferring the power described in subsection (e) is bound by
an act performed before written notice revoking the authority is
properly attested to and filed in the county recorder's office.
county having jurisdiction in Indiana; and
(2) the payment and satisfaction of the judgment as may be
rendered in the foreclosure proceeding;
the prevailing party shall immediately after satisfaction of the judgment
record the satisfaction of the mortgage on the records of the recorder's
office of the county where the property is located. The record in
foreclosure and satisfaction must show that the whole debt, secured by
the mortgage, has been paid. The recorder must be paid a fee of not
more than the amount specified in IC 36-2-7-10(b)(1) and
IC 36-2-7-10(b)(2) IC 36-2-7-10(k) in each case of foreclosure
requiring satisfaction.
eight and one-half (8 1/2) inches by fourteen (14) inches.
(6) (5) Five dollars ($5) for acknowledging or certifying to a
document.
(7) Five dollars ($5) for each deed the recorder records, in
addition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 or
IC 36-2-12-11(e).
(8) (6) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) (7) A fee in an amount authorized by an ordinance adopted by
the county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) (8) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(11) Three dollars ($3) for each mortgage on real estate recorded,
in addition to other fees required by this section, distributed as
follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder's
record perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed to
the auditor of state on or before June 20 and December 20 of
each year as provided in IC 24-9-9-3.
(12) (9) This subdivision applies in a county only if at least one
(1) unit in the county has established an affordable housing fund
under IC 5-20-5-15.5 and the county fiscal body adopts an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records. An ordinance adopted
before, on, or after July 1, 2012, that authorizes the recorder
to charge the fee described in this subdivision authorizes the
county recorder to charge the fee described in this subdivision
for each document that the recorder records under this
subsection or subsection (k).
(13) (10) This subdivision applies in a county containing a
consolidated city that has established a housing trust fund under
IC 36-7-15.1-35.5(e). The county fiscal body may adopt an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records. An ordinance adopted
before, on, or after July 1, 2012, that authorizes the recorder
to charge the fee described in this subdivision authorizes the
county recorder to charge the fee described in this subdivision
for each document that the recorder records under this
subsection or subsection (k).
(c) The county recorder shall charge a two dollar ($2) county
identification security protection fee for recording or filing a document
under subsection (b). The fee is in addition to the fees charged
under subsection (b). This fee shall be deposited under IC 36-2-7.5-6.
(d) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under section 10.1 of this
chapter, subsection (b)(5), (b)(8), (b)(9), and (b)(10), (b)(4), (b)(6),
(b)(7), and (b)(8), and IC 36-2-7.5-6(c)(1) (after June 30, 2011), and
fifty cents ($0.50) from revenue received under subsection (b)(11),
shall be deposited in this fund. The county recorder may use any money
in this fund without appropriation for the preservation of records and
the improvement of record keeping systems and equipment. Money
from the fund may not be deposited or transferred into the county
general fund and does not revert to the county general fund at the end
of a fiscal year.
(e) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(f) The county recorder shall post the fees set forth in subsection
subsections (b) and (k) in a prominent place within the county
recorder's office where the fee schedule will be readily accessible to the
public.
(g) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
day of the month following the month in which the money is collected
from the county recorder.
(k) This subsection applies only to the recording of a mortgage,
a deed, an assignment, an affidavit, a satisfaction, a release, and a
tax sale certificate. The county recorder shall charge the following
fees:
(1) One hundred dollars ($100) for a mortgage.
(2) Twenty-five dollars ($25) for a deed.
(3) Twenty-five dollars ($25) for an assignment.
(4) Twenty-five dollars ($25) for an affidavit with only one (1)
cross-reference.
(5) Twenty-five dollars ($25) for a satisfaction.
(6) Twenty-five dollars ($25) for a release.
(7) Twenty-five dollars ($25) for a tax sale certificate.
(8) For attesting to the release, partial release, or assignment
of any mortgage, judgment, lien, or oil and gas lease contained
on a multiple transaction document, the fee for each
transaction after the first transaction is as follows:
(A) Six dollars ($6) for the first page and two dollars ($2)
for each additional page of any document the recorder
records if the pages are not larger than eight and one-half
(8 1/2) inches by fourteen (14) inches.
(B) One dollar ($1) for each cross-reference of a recorded
document.
(C) One dollar ($1) for marginal mortgage assignments or
marginal mortgage releases.
(9) One dollar ($1) for each cross-reference of a recorded
document.
(l) Except as provided in subsections (m), (n), (o), and (p), the
fees collected under subsection (k) shall be deposited in the
recorder's records perpetuation fund under subsection (d).
(m) Two dollars and fifty cents ($2.50) of the fee the recorder
collects under subsection (k)(1) shall be distributed to the auditor
of the state on or before June 20 and December 20 of each year as
provided in IC 24-9-9-3.
(n) Five dollars ($5) of the fee the recorder collects under
subsection (k)(2) shall be deposited in the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 or
IC 36-2-12-11(e).
(o) An ordinance adopted before, on, or after July 1, 2012, that
authorizes a fee described in subsection (b)(9) or (b)(10) authorizes
the county recorder to charge the fee described in subsection (b)(9)
or (b)(10) for each document the recorder records under
subsection (b) or (k). The fee charged under subsection (b)(9) or
(b)(10) shall be deducted from the fee charged under subsection (k)
and deposited as set forth in subsection (i) or (j).
(p) Two dollars ($2) of each fee the recorder collects under
subsection (k) shall be deposited under IC 36-2-7.5-6.
(q) A document for recording should conform to the standards
set forth in IC 36-2-11-16.5(b) but may not be rejected unless the
document is considered to be illegible by the county recorder or is
incapable of being archived.
1/2) inches by fourteen (14) inches that is not permanently bound
and is not a continuous form;
(2) the instrument or document is on white paper of at least
twenty (20) pound weight and has clean margins:
(A) on the first and last pages of at least two (2) inches on the
top and bottom and one-half (1/2) inch on each side; and
(B) on each additional page of at least one-half (1/2) inch on
the top, bottom, and each side; and
(3) the instrument or document is typewritten or computer
generated in black ink in at least 10 point type.
(c) For each instrument or document presented for recording that
does not conform to the requirements of subsection (b), the recorder
may attach additional pages, as needed, and collect one dollar ($1) for
each nonconforming page. shall:
(1) attach additional pages as needed; and
(2) collect an additional fee of twenty-five dollars ($25) for the
nonconforming document.