reglab/housing_qa huggingface dataset:
IN Code § 32-29-1-8 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-8. Assignment of Mortgage

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 cross-reference the assignment to the mortgage book and the:(1) page location;(2) instrument number; or(3) both subdivisions (1) and (2);as set forth in the assignment.(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(c)(4).(d) 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.[Pre-2002 Recodification Citation: 32-8-11-7.]As added by P.L.2-2002, SEC.14. Amended by P.L.127-2017, SEC.12.
IN Code § 32-29-1-9 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-9. Foreclosure to State

Sec. 9. This chapter does not affect any provisions made by law relating to the foreclosure of mortgages to the state, so far as the provisions conflict with the provisions of this chapter.[Pre-2002 Recodification Citation: 32-8-11-8.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-10 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-10. Obligations a Mortgage May Secure; Future Obligations and Advances; Future Modifications, Extensions, and Renewals of Indebtedness; Priority of Lien

Sec. 10. (a) In addition to any other obligation secured by a mortgage, a mortgage may also secure:(1) future obligations and advances up to the maximum amount stated in the mortgage (whether made as an obligation, made at the option of the lender, made after a reduction to a zero (0) or other balance, or made otherwise) to the same extent as if the future obligations and advances were made on the date of execution of the mortgage; and(2) future modifications, extensions, and renewals of any indebtedness or obligations secured by the mortgage if and to the extent that the mortgage states that the mortgage secures those future advances, modifications, extensions, and renewals.(b) The lien of a mortgage with respect to future advances, modifications, extensions, and renewals referred to in subsection (a) has the priority to which the mortgage otherwise would be entitled under IC 32-21-4-1 without regard to the fact that the future advance, modification, extension, or renewal may occur after the mortgage is executed.[Pre-2002 Recodification Citation: 32-8-11-9.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-1-11 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 1. Mortgage of Real Estate|32-29-1-11. Rents and Profits From Real Property; Enforcement of Assignment, Mortgage, or Pledge; Rights Not Affected; Equitable Subrogation

Sec. 11. (a) This chapter does not limit:(1) the right to assign, mortgage, or pledge the rents and profits arising from real estate;(2) the right of an assignee, a mortgagee, or a pledgee to collect rents and profits for application in accordance with an assignment, a mortgage, or a pledge; or(3) the power of a court of equity to appoint a receiver to take charge of real estate to collect rents and profits for application in accordance with an assignment, a mortgage, or a pledge.(b) A person may enforce an assignment, a mortgage, or a pledge of rents and profits arising from real property:(1) whether the person has or does not have possession of the real estate; and(2) regardless of the:(A) adequacy of the security; or(B) solvency of the assignor, mortgagor, or pledgor.(c) If a person:(1) enforces an assignment, a mortgage, or a pledge of rents and profits arising from real estate; and(2) does not have possession of the real estate;the obligations of a mortgagee in possession of real estate may not be imposed on the holder of the assignment, mortgage, or pledge.(d) Except for those instances involving liens defined in IC 32-28-3-1, a mortgagee seeking equitable subrogation with respect to a lien may not be denied equitable subrogation solely because:(1) the mortgagee:(A) is engaged in the business of lending; and(B) had constructive notice of the intervening lien over which the mortgagee seeks to assert priority;(2) the lien for which the mortgagee seeks to be subrogated was released; or(3) the mortgagee obtained a title insurance policy.(e) Subsection (d) does not apply to a municipal sewer lien under IC 36-9-23 or a mechanic's lien under IC 32-28-3-1.[Pre-2002 Recodification Citation: 32-8-11-10.]As added by P.L.2-2002, SEC.14. Amended by P.L.122-2003, SEC.1; P.L.151-2003, SEC.2; P.L.2-2005, SEC.86.
IN Code § 32-29-2-1 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 2. Recording of Assignment|32-29-2-1. Written Transfer or Assignment; Acknowledgment and Recording

Sec. 1. A person who transfers or assigns a mortgage within Indiana shall do so in writing by:(1) noting the assignment or transfer on the record recording the mortgage; or(2) separate written instrument.A person who transfers or assigns a mortgage as described in this section shall cause the notation or written instrument to be acknowledged before an officer authorized to take acknowledgments of the execution of mortgages.[Pre-2002 Recodification Citation: 32-8-12-1.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-2-2 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 2. Recording of Assignment|32-29-2-2. Written Transfer or Assignment; Location and Business Address of Transferee or Assignee Required

Sec. 2. In order to be recorded, a written instrument that transfers or assigns a mortgage under this chapter must state the location and business address of the person to whom the mortgage is transferred or assigned.[Pre-2002 Recodification Citation: 32-8-12-2.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-3-1 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 3. Attestation of Releases; Legalizing Prior Release|32-29-3-1. Necessity of Attestation

Sec. 1. The release of a mortgage, lease, or other instrument required by law to be recorded written upon the margin, or upon the record, of any mortgage in Indiana by the party authorized to release the mortgage is not a valid release of the mortgage, lease, or other instrument unless the release is attested on the record by the recorder or deputy recorder of the county in which the mortgage is recorded.[Pre-2002 Recodification Citation: 32-8-13-1.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-4-1 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 4. Release by State|32-29-4-1. Lack of Evidence of Indebtedness

Sec. 1. If the mortgage records of a county in Indiana indicate that a mortgage has been executed to the state and:(1) there is no evidence of indebtedness secured by the mortgage in the possession of the treasurer of state or auditor of state; and(2) there is no evidence in the office of the auditor of state or treasurer of state that a loan secured by the mortgage was made;the auditor of state may release and discharge the mortgage of record.[Pre-2002 Recodification Citation: 32-8-14-1.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-1 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-1. "Mortgage"

Sec. 1. As used in this chapter, "mortgage" means a mortgage or mortgage lien on an interest in real property in Indiana given to secure a loan in the original principal amount of not more than one million dollars ($1,000,000).[Pre-2002 Recodification Citation: 32-8-15.5-1.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-2 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-2. "Mortgagee"

Sec. 2. As used in this chapter, "mortgagee" means:(1) the grantee of a mortgage; or(2) if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record.[Pre-2002 Recodification Citation: 32-8-15.5-2.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-3 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-3. "Mortgage Servicer"

Sec. 3. As used in this chapter, "mortgage servicer" means the last person to whom a mortgagor or the mortgagor's successor in interest has been instructed by a mortgagee to send payments on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage described in the payoff statement.[Pre-2002 Recodification Citation: 32-8-15.5-3.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-4 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-4. "Mortgagor"

Sec. 4. As used in this chapter, "mortgagor" means the grantor of a mortgage.[Pre-2002 Recodification Citation: 32-8-15.5-4.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-5 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-5. "Payoff Statement"

Sec. 5. As used in this chapter, "payoff statement" means a statement of the amount of:(1) the unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges properly due under or secured by the mortgage; and(2) interest on a per day basis for the unpaid balance.[Pre-2002 Recodification Citation: 32-8-15.5-5.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-6 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-6. "Person"

Sec. 6. As used in this chapter, "person" means an individual, a corporation, or any other legal entity.[Pre-2002 Recodification Citation: 32-8-15.5-6.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-7 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-7. "Record"

Sec. 7. As used in this chapter, "record" means to record with the county recorder.[Pre-2002 Recodification Citation: 32-8-15.5-7.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-8 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-8. "Title Insurance Company"

Sec. 8. As used in this chapter, "title insurance company" means a corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in Indiana under IC 27.[Pre-2002 Recodification Citation: 32-8-15.5-8.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-9 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-9. Certificate of Release

Sec. 9. An officer or appointed agent of a title insurance company may, on behalf of a mortgagor or a person who acquired from the mortgagor a lien against all or part of the property described in a mortgage, execute a certificate of release that complies with the requirements of this chapter and record the certificate of release in the real property records of each county in which the mortgage is recorded if:(1) a satisfaction or release of the mortgage has not been executed and recorded within sixty (60) days after the date payment in full of the loan secured by the mortgage was sent in accordance with a payoff statement furnished by the mortgagee or the mortgage servicer; and(2) the title insurance company, an officer of the title insurance company, or an agent of the title insurance company has sent to the last known address of the mortgagee or the mortgage servicer, at least thirty (30) days before executing the certificate of release, written notice of its intention to execute and record a certificate of release in accordance with this section after the expiration of the sixty (60) day period.[Pre-2002 Recodification Citation: 32-8-15.5-9.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-10 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-10. Certificate of Release; Contents

Sec. 10. A certificate of release executed under this chapter must contain substantially all of the following:(1) The name of the mortgagor, the name of the original mortgagee and, if applicable, the name of the mortgage servicer, the date of the mortgage, the date of recording of the mortgage, and the volume and page or instrument number for the mortgage in the real property records where the mortgage is recorded, together with similar information for the last recorded assignment of the mortgage.(2) A statement that the mortgage was in the original principal amount of not more than one million dollars ($1,000,000).(3) A statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in Indiana under IC 27.(4) A statement that the certificate of release is made on behalf of the mortgagor or a person who acquired a lien from the mortgagor against all or part of the property described in the mortgage.(5) A statement that the mortgagee or mortgage servicer provided a payoff statement that was used to make payment in full of the unpaid balance of the loan secured by the mortgage.(6) A statement that payment in full of the unpaid balance of the loan secured by the mortgage was made in accordance with the written or verbal payoff statement and received by the mortgagee or mortgage servicer, as evidenced in the records of the title insurance company or its agents by:(A) a bank check;(B) a certified check;(C) an escrow account check from the title company or title insurance agent;(D) an attorney trust account check that has been negotiated by the mortgagee or mortgage servicer; or(E) any other documentary evidence of payment to the mortgagee or mortgage servicer.(7) A statement indicating that more than sixty (60) days have elapsed since the date payment in full was sent.(8) A statement that after the expiration of the sixty (60) day period referred to in section 9 of this chapter, the title insurance company, its officers, or its agent sent to the last known address of the mortgagee or mortgage servicer, at least thirty (30) days before executing the certificate of release, notice in writing of its intention to execute and record a certificate of release as required under this section, with an unexecuted copy of the proposed certificate of release attached to the written notice.(9) A statement that neither the title insurance company nor its officers or agent have received notification in writing of any reason why the certificate of release should not be executed and recorded after the expiration of the thirty (30) day notice period referred to in section 9 of this chapter.[Pre-2002 Recodification Citation: 32-8-15.5-10.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-11 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-11. Certificate of Release; Execution and Acknowledgment

Sec. 11. A certificate of release authorized by this chapter shall be executed and acknowledged in the same manner as required by law in Indiana for the execution and acknowledgment of a deed.[Pre-2002 Recodification Citation: 32-8-15.5-11.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-12 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-12. Notice of Authorization

Sec. 12. (a) A title insurance company may authorize an appointed agent of the title insurance company to execute certificates of release under this chapter by recording a notice of authorization in the office of the county recorder for each county in which the duly appointed agent is authorized to execute and record certificates of release on behalf of the title insurance company. The notice of authorization must state the following:(1) The name of the title insurance company that is authorizing an appointed agent to execute certificates of release on behalf of the title insurance company.(2) The identity of the person who is an appointed agent of the title insurance company and who is authorized to execute and record certificates of release in accordance with the requirements of this chapter on behalf of the title insurance company.(3) That the appointed agent has full authority to execute and record certificates of release in accordance with the requirements of this chapter on behalf of the title insurance company.(b) The notice of authorization must be executed and acknowledged in the same manner as required by law in Indiana for the execution and acknowledgment of a deed.(c) A single notice of authorization recorded in the office of a county recorder under this section constitutes the authority of the appointed agent to execute and record certificates of release in that county on behalf of the title insurance company. A separate notice of authority is not required for each certificate of release recorded by an appointed agent.(d) The authority granted to an appointed agent by a title insurance company under this section continues until a revocation of the notice of authorization is recorded in the office of the county recorder for the county in which the notice of authorization was recorded.(e) The delegation of authority to an appointed agent by a title insurance company under this section does not relieve the title insurance company of any liability for damages for the wrongful or erroneous execution and recording of a certificate of release by the appointed agent.[Pre-2002 Recodification Citation: 32-8-15.5-12.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-13 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-13. Misstatement in Written Payoff Statement

Sec. 13. A creditor or mortgage servicer may not withhold the release of a mortgage if the written mortgage payoff statement misstates the amount of the payoff and the written payoff is relied upon in good faith by an independent closing agent without knowledge of the misstatement. It is not a misstatement if the written payoff statement is not accurate as a result of a change in circumstances occurring after the issuance of the payoff statement. The release of a mortgage does not affect the ability of the creditor or mortgage servicer to collect the full amount owed without regard to a misstatement in the written payoff statement and a release of the mortgage.[Pre-2002 Recodification Citation: 32-8-15.5-13.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-14 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-14. Acceptance of Payment

Sec. 14. The acceptance of a payment by a creditor or mortgage servicer of an amount that is not sufficient to pay the amount owed does not constitute a waiver, release, accord and satisfaction, or other impairment of the creditors or mortgage servicers rights notwithstanding any contrary instructions or restrictive endorsements.[Pre-2002 Recodification Citation: 32-8-15.5-14.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-15 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-15. Release of Mortgage

Sec. 15. A certificate of release prepared, executed, and recorded in accordance with the requirements of this chapter constitutes a release of the mortgage described in that certificate of release, and the county recorder shall enter and index the certificate of release in the same manner that a release or satisfaction of mortgage is entered and indexed in the records of the county recorder.[Pre-2002 Recodification Citation: 32-8-15.5-15.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-16 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-16. Erroneous Certificate of Release

Sec. 16. (a) The execution and recording of a wrongful or erroneous certificate of release by a title insurance company or a duly appointed agent with authority from a title insurance company does not relieve the mortgagor, or anyone succeeding to or assuming the interest of the mortgagor, from any liability for the debt or other obligations secured by the mortgage that is the subject of the wrongful or erroneous certificate of release.(b) Additionally, a title insurance company or an appointed agent with authority from a title insurance company that wrongfully or erroneously executes and records a certificate of release is liable to the mortgagee, or the assignee of the mortgagee if the mortgage has been assigned, for actual damages sustained due to the recording of a wrongful or erroneous certificate of release.[Pre-2002 Recodification Citation: 32-8-15.5-16.]As added by P.L.2-2002, SEC.14.
IN Code § 32-29-6-17 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 6. Mortgage Release by Title Insurance Companies|32-29-6-17. Applicability of Chapter

Sec. 17. This chapter applies to the release of a mortgage after June 30, 2001, regardless of when the mortgage was created or assigned.[Pre-2002 Recodification Citation: 32-8-15.5-17.]As added by P.L.2-2002, SEC.14. Amended by P.L.48-2003, SEC.1 and P.L.79-2003, SEC.1.
IN Code § 32-29-7-0.2 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession|32-29-7-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. (a) The amendments made to IC 32-8-16-1 (before its repeal, now codified at section 3 of this chapter) by P.L.276-1995 do not apply to a complaint asking for foreclosure that is filed before July 1, 1995.(b) The amendments made to IC 32-8-16-5 (before its repeal, now codified at section 9 of this chapter) by P.L.56-1996 apply to all sheriff's sales conducted to foreclose mortgages on or after March 14, 1996.As added by P.L.220-2011, SEC.526.
IN Code § 32-29-7-1 (2021)
2021 Indiana Code|Title 32. Property|Article 29. Mortgages|Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession|32-29-7-1. "Auctioneer"

Sec. 1. As used in this chapter, "auctioneer" means an auctioneer licensed under IC 25-6.1.[Pre-2002 Recodification Citation: 32-8-16-1.3 part.]As added by P.L.2-2002, SEC.14.