Introduced Version






HOUSE BILL No. 1261

_____


DIGEST OF INTRODUCED BILL



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

(Continued next page)

Effective: July 1, 2012.





Heuer, Friend




    January 9, 2012, read first time and referred to Committee on Local Government.





Digest Continued

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.



Introduced

Second Regular Session 117th General Assembly (2012)


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 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1261



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

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

SOURCE: IC 6-1.1-24-2; (12)IN1261.1.1. -->     SECTION 1. IC 6-1.1-24-2, AS AMENDED BY P.L.146-2008, SECTION 258, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) In addition to the delinquency list required under section 1 of this chapter, each county auditor shall prepare a notice. The notice shall contain the following:
        (1) A list of tracts or real property eligible for sale under this chapter.
        (2) A statement that the tracts or real property included in the list will be sold at public auction to the highest bidder, subject to the right of redemption.
        (3) A statement that the tracts or real property will not be sold for an amount which is less than the sum of:
            (A) the delinquent taxes and special assessments on each tract or item of real property;
            (B) the taxes and special assessments on each tract or item of

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.


        (6) A statement that the county does not warrant the accuracy of the street address or common description of the property.
        (7) A statement indicating:
            (A) the name of the owner of each tract or item of real property with a single owner; or
            (B) the name of at least one (1) of the owners of each tract or item of real property with multiple owners.
        (8) A statement of the procedure to be followed for obtaining or objecting to a judgment and order of sale, that must include the following:
            (A) A statement:
                (i) that the county auditor and county treasurer will apply on or after a date designated in the notice for a court judgment against the tracts or real property for an amount that is not less than the amount set under subdivision (3), and for an order to sell the tracts or real property at public auction to the highest bidder, subject to the right of redemption; and
                (ii) indicating the date when the period of redemption specified in IC 6-1.1-25-4 will expire.
            (B) A statement that any defense to the application for judgment must be:
                (i) filed with the court; and
                (ii) served on the county auditor and the county treasurer;
            before the date designated as the earliest date on which the application for judgment may be filed.
            (C) A statement that the county auditor and the county treasurer are entitled to receive all pleadings, motions, petitions, and other filings related to the defense to the application for judgment.
            (D) A statement that the court will set a date for a hearing at least seven (7) days before the advertised date and that the court will determine any defenses to the application for judgment at the hearing.
        (9) A statement that the sale will be conducted at a place designated in the notice and that the sale will continue until all tracts and real property have been offered for sale.
        (10) A statement that the sale will take place at the times and dates designated in the notice. Whenever the public auction is to be conducted as an electronic sale, the notice must include a statement indicating that the public auction will be conducted as an electronic sale and a description of the procedures that must be followed to participate in the electronic sale.
        (11) A statement that a person redeeming each tract or item after the sale must pay the costs described in IC 6-1.1-25-2(e).
        (12) If a county auditor and county treasurer have entered into an agreement under IC 6-1.1-25-4.7, a statement that the county auditor will perform the duties of the notification and title search under IC 6-1.1-25-4.5 and the notification and petition to the court for the tax deed under IC 6-1.1-25-4.6.
        (13) A statement that, if the tract or item of real property is sold for an amount more than the minimum bid and the property is not redeemed, the owner of record of the tract or item of real property who is divested of ownership at the time the tax deed is issued may have a right to the tax sale surplus.
        (14) If a determination has been made under subsection (d), a statement that tracts or items will be sold together.
    (b) If within sixty (60) days before the date of the tax sale the county incurs costs set under subsection (a)(3)(D) and those costs are not paid, the county auditor shall enter the amount of costs that remain unpaid upon the tax duplicate of the property for which the costs were set. The county treasurer shall mail notice of unpaid costs entered upon a tax duplicate under this subsection to the owner of the property identified in the tax duplicate.
    (c) The amount of unpaid costs entered upon a tax duplicate under subsection (b) must be paid no later than the date upon which the next installment of real estate taxes for the property is due. Unpaid costs entered upon a tax duplicate under subsection (b) are a lien against the property described in the tax duplicate, and amounts remaining unpaid on the date the next installment of real estate taxes is due may be collected in the same manner that delinquent property taxes are collected.
    (d) The county auditor and county treasurer may establish the condition that a tract or item will be sold and may be redeemed under this chapter only if the tract or item is sold or redeemed together with one (1) or more other tracts or items. Property may be sold together only if the tract or item is owned by the same person.
SOURCE: IC 6-1.1-24-9; (12)IN1261.1.2. -->     SECTION 2. IC 6-1.1-24-9, AS AMENDED BY P.L.73-2010, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) Immediately after a tax sale purchaser pays the bid, as evidenced by the receipt of the county treasurer, or immediately after the county acquires a lien under section 6 of this chapter, the county auditor shall deliver a certificate of sale to the purchaser or to the county or to the city. The certificate shall be signed by the auditor and registered in the auditor's office. The auditor shall,

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.


SOURCE: IC 6-1.1-25-4.5; (12)IN1261.1.3. -->     SECTION 3. IC 6-1.1-25-4.5, AS AMENDED BY P.L.169-2006, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4.5. (a) Except as provided in subsection (d), a purchaser or the purchaser's assignee is entitled to a tax deed to the property that was sold only if:
        (1) the redemption period specified in section 4(a)(1) of this chapter has expired;
        (2) the property has not been redeemed within the period of redemption specified in section 4(a) of this chapter; and
        (3) not later than nine (9) months after the date of the sale:
            (A) the purchaser or the purchaser's assignee; or
            (B) in a county where the county auditor and county treasurer have an agreement under section 4.7 of this chapter, the county auditor;
        gives notice of the sale to the owner of record at the time of the sale and any person with a substantial property interest of public record in the tract or real property.
    (b) A county executive is entitled to a tax deed to property on which the county executive acquires a lien under IC 6-1.1-24-6 and for which the certificate of sale is not sold under IC 6-1.1-24-6.1 only if:
        (1) the redemption period specified in section 4(b) of this chapter has expired;
        (2) the property has not been redeemed within the period of redemption specified in section 4(b) of this chapter; and
        (3) not later than ninety (90) days after the date the county executive acquires the lien under IC 6-1.1-24-6, the county auditor gives notice of the sale to:
            (A) the owner of record at the time the lien was acquired; and
            (B) any person with a substantial property interest of public record in the tract or real property.
    (c) A purchaser of a certificate of sale under IC 6-1.1-24-6.1 is entitled to a tax deed to the property for which the certificate was sold only if:
        (1) the redemption period specified in section 4(c) of this chapter has expired;
        (2) the property has not been redeemed within the period of redemption specified in section 4(c) of this chapter; and
        (3) not later than ninety (90) days after the date of sale of the certificate of sale under IC 6-1.1-24, the purchaser gives notice of the sale to:
            (A) the owner of record at the time of the sale; and
            (B) any person with a substantial property interest of public

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.


SOURCE: IC 24-9-9-1; (12)IN1261.1.4. -->     SECTION 4. IC 24-9-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The county recorder shall assess a fee of three one hundred dollars ($3) ($100) under IC 36-2-7-10(b)(11) IC 36-2-7-10(k) for each mortgage recorded. The fee shall be paid to the county treasurer at the end of each calendar month as provided in IC 36-2-7-10(a).
SOURCE: IC 24-9-9-2; (12)IN1261.1.5. -->     SECTION 5. IC 24-9-9-2, AS AMENDED BY P.L.1-2010, SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. Except as provided in section 3 of this chapter and IC 36-2-7-10(o) and IC 36-2-7-10(p), the county auditor shall credit fifty cents ($0.50) of the fee collected under IC 36-2-7-10(b)(11) IC 36-2-7-10(k)(1) for each mortgage recorded to the county recorder's records perpetuation fund established under IC 36-2-7-10(d).
SOURCE: IC 24-9-9-3; (12)IN1261.1.6. -->     SECTION 6. IC 24-9-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. On or before June 20 and December 20 of each year, after completing an audit of the county treasurer's monthly reports required by IC 36-2-10-16, the county auditor shall distribute to the auditor of state two dollars and fifty cents ($2.50) of the mortgage recording fee collected under IC 36-2-7-10(b)(11) IC 36-2-7-10(m) for each mortgage recorded by the county recorder. The auditor of state shall deposit the money in the state general fund to be distributed as described in section 4 of this chapter.
SOURCE: IC 32-29-1-8; (12)IN1261.1.7. -->     SECTION 7. IC 32-29-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) Any mortgage of record or any part of the mortgage may be assigned by the mortgagee or any assignee of the mortgage, either by an assignment entered on the margin of the record, signed by the person making the assignment and attested by the recorder, or by a separate instrument executed and acknowledged before any person authorized to take acknowledgments, and recorded in the mortgage records of the county. The county recorder shall note the assignment in the margin by reference to the location where the assignment is recorded.
    (b) The signature of a person on an assignment under subsection (a) may be a facsimile. The facsimile on the assignment is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments.
    (c) Notwithstanding subsection (a), marginal assignments may be accepted at the discretion of the recorder. Except in a county that accepts marginal assignments of mortgage, an assignment of mortgage must be recorded on a separate written instrument from the mortgage.

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.

SOURCE: IC 32-29-5-1; (12)IN1261.1.8. -->     SECTION 8. IC 32-29-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) It is lawful for:
        (1) the president, vice president, cashier, secretary, treasurer, attorney in fact, or other authorized representative of a national bank, state bank, trust company, or savings bank; or
        (2) the president, vice president, general manager, secretary, treasurer, attorney in fact, or other authorized representative of any other corporation doing business in Indiana;
to release upon the record mortgages, judgments, and other record liens upon the payment of the debts secured by the liens.
    (b) A release, when made upon the margin or face of the record of the mortgage, judgment, or other lien and attested by the recorder, clerk, or other officer having custody of the record of the lien, is a full discharge and satisfaction of the lien.
    (c) The recorder of each county may require that each release, discharge, or satisfaction of a mortgage, judgment, or lien, or any partial release of any of these, be recorded on a separate written instrument. If a recorder requires the recording of each release, discharge, or satisfaction on a separate written instrument, an instrument presented for recordation in that county may not contain more than one (1) release, discharge, or satisfaction. If A recorder allows may allow an instrument to contain more than one (1) release, discharge, or satisfaction. the fee for recording that instrument is provided in IC 36-2-7-10(b)(3). The fee for recording a release or satisfaction is provided in IC 36-2-7-10(k).
    (d) Except as provided in subsection (e), a national bank, state bank, trust company, savings bank, or other corporation may release and

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.

SOURCE: IC 32-30-10-6; (12)IN1261.1.9. -->     SECTION 9. IC 32-30-10-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. Upon:
        (1) the foreclosure of a recorded mortgage in a court of any

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.

SOURCE: IC 36-2-7-10; (12)IN1261.1.10. -->     SECTION 10. IC 36-2-7-10, AS AMENDED BY P.L.45-2010, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) The county recorder shall tax and collect the fees prescribed by this section for recording, filing, copying, and other services the recorder renders, and shall pay them into the county treasury at the end of each calendar month. The fees prescribed and collected under this section supersede all other recording fees required by law to be charged for services rendered by the county recorder.
    (b) Except as provided in subdivisions (9) and (10), this subsection does not apply to the recording of a mortgage, a deed, an assignment, an affidavit, a satisfaction, a release, or a tax sale certificate. The county recorder shall charge the following:
        (1) 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.
        (2) Fifteen dollars ($15) for the first page and five dollars ($5) for each additional page of any document the recorder records, if the pages are larger than eight and one-half (8 1/2) inches by fourteen (14) inches.
        (3) 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 is the amount provided in subdivision (1) plus the amount provided in subdivision (4) and one dollar ($1) for marginal mortgage assignments or marginal mortgage releases.
        (4) (3) One dollar ($1) for each cross-reference of a recorded document.
        (5) (4) One dollar ($1) per page not larger than eight and one-half (8 1/2) inches by fourteen (14) inches for furnishing copies of records and two five dollars ($2) ($5) per page that is larger than

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.


            (F) IC 12-14-13.
            (G) IC 12-14-16.
    (h) The state and its agencies and instrumentalities are required to pay the recording fees and charges that this section prescribes.
    (i) This subsection applies to a county other than a county containing a consolidated city. The county treasurer shall distribute money collected by the county recorder under subsection (b)(12) subsections (b)(9) and (o) as follows:
        (1) Sixty percent (60%) of the money collected by the county recorder under subsection (b)(12) subsections (b)(9) and (o) shall be distributed to the units in the county that have established an affordable housing fund under IC 5-20-5-15.5 for deposit in the fund. The amount to be distributed to a unit is the amount available for distribution multiplied by a fraction. The numerator of the fraction is the population of the unit. The denominator of the fraction is the population of all units in the county that have established an affordable housing fund. The population to be used for a county that establishes an affordable housing fund is the population of the county outside any city or town that has established an affordable housing fund.
        (2) Forty percent (40%) of the money collected by the county recorder under subsection (b)(12) subsections (b)(9) and (o) shall be distributed to the treasurer of state for deposit in the affordable housing and community development fund established under IC 5-20-4-7 for the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth day of the month following the month in which the money is collected from the county recorder.
    (j) This subsection applies to a county described in subsection (b)(13). subsections (b)(10) and (o). The county treasurer shall distribute money collected by the county recorder under subsection (b)(13) subsections (b)(10) and (o) as follows:
        (1) Sixty percent (60%) of the money collected by the county recorder under subsection (b)(13) subsections (b)(10) and (o) shall be deposited in the housing trust fund established under IC 36-7-15.1-35.5(e) for the purposes of the fund.
        (2) Forty percent (40%) of the money collected by the county recorder under subsection (b)(13) subsections (b)(10) and (o) shall be distributed to the treasurer of state for deposit in the affordable housing and community development fund established under IC 5-20-4-7 for the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth

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.

SOURCE: IC 36-2-7.5-6; (12)IN1261.1.11. -->     SECTION 11. IC 36-2-7.5-6, AS AMENDED BY P.L.45-2010, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The county recorder shall charge a two dollar ($2) county identification security protection fee for recording or filing a document in addition to the fees required by IC 36-2-7-10(b)(1) through IC 36-2-7-10(b)(11). under IC 36-2-7-10(c) and IC 36-2-7-10(p).
    (b) The county recorder shall deposit two dollars ($2) of the fee charged under subsection (a) in the county identification security protection fund established by section 11 of this chapter. This subsection expires July 1, 2011.
    (c) Beginning July 1, 2011, (b) The county recorder shall deposit the fee charged under subsection (a) in the following manner:
        (1) One dollar ($1) shall be deposited in the county recorder's records perpetuation fund established under IC 36-2-7-10(d).
        (2) Fifty cents ($0.50) shall be deposited in the county identification security protection fund established under section 11 of this chapter.
        (3) Fifty cents ($0.50) shall be deposited in the county elected officials training fund established under IC 36-2-7-19.
SOURCE: IC 36-2-11-16.5; (12)IN1261.1.12. -->     SECTION 12. IC 36-2-11-16.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16.5. (a) This section does not apply to the following:
        (1) A judgment, an order, or a writ of a court.
        (2) A will or death certificate.
        (3) A plat.
        (4) A survey.
    (b) The county recorder may receive for record an instrument or a document without collecting the additional fee described in subsection (c) if:
        (1) the instrument or document consists of at least one (1) individual page measuring not more than eight and one-half (8

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.