reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-3. Notarial Acts; Recording Requirements; Statement of Mailing Address; Translations

Sec. 3. (a) Any instrument to be recorded must have one (1) of the following notarial acts:
(1) An acknowledgment (as defined in IC 33-42-0.5-2).
(2) A proof.
(b) A notarial act described in subsection (a)(1) must be performed:
(1) by a notarial officer (as defined in IC 33-42-0.5-19);
(2) by a remote notary public (as defined in IC 33-42-0.5-27); or
(3) in compliance with:
(A) IC 33-42-9-8;
(B) IC 33-42-9-9;
(C) IC 33-42-9-10; or
(D) IC 33-42-9-11.
(c) The notarial act described in subsection (a)(2) must be performed:
(1) by a notarial officer (as defined in IC 33-42-0.5-19); or
(2) in compliance with:
(A) IC 33-42-9-8;
(B) IC 33-42-9-9;
(C) IC 33-42-9-10; or
(D) IC 33-42-9-11.
(d) In addition to the requirements specified under subsections (a) and (b), an instrument may not be recorded unless it meets the requirements of:
(1) this article;
(2) the notarial requirements for an acknowledgment or for a proof; and
(3) IC 36-2-11.
(e) A conveyance must include a statement containing substantially the following information:
"The mailing address to which statements should be mailed under IC 6-1.1-22-8.1 is [insert proper mailing address]. The mailing address of the grantee is [insert proper mailing address].".
The mailing address for the grantee must be a street address or a rural route address. A conveyance complies with this subsection if it contains the address or addresses required by this subsection at the end of the conveyance and immediately preceding or following the statements required by IC 36-2-11-15.
(f) If the instrument is executed in a foreign country, where the instrument, its acknowledgment, or its proof is in a language other than English, the instrument must include a translation from the other language into English.
[Pre-2002 Recodification Citation: 32-1-2-18.]
As added by P.L.2-2002, SEC.6. Amended by P.L.135-2007, SEC.1; P.L.194-2007, SEC.7; P.L.143-2009, SEC.42; P.L.187-2018, SEC.4; P.L.14-2019, SEC.4; P.L.80-2020, SEC.1; P.L.2-2021, SEC.3.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-4. Repealed

[Pre-2002 Recodification Citation: 32-1-2-19.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.36.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-5. Repealed

[Pre-2002 Recodification Citation: 32-1-2-20.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.37.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-6. Instruments Entitled to Be Recorded

Sec. 6. An instrument that complies with this article, IC 33-42, and IC 36-2-11 is entitled to be recorded.
[Pre-2002 Recodification Citation: 32-1-2-21.]
As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.38.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-7. Acknowledgment of an Instrument; Form

Sec. 7. (a) The form set forth in this subsection and any other form substantially the same are good or sufficient forms for an acknowledgment of an instrument that is described in section 3 of this chapter and to be recorded:
(1) An acknowledgment that complies with IC 33-42-0.5-2 and IC 33-42-9-12.
(2) An acknowledgment for a remote notarial act that complies with:
(A) IC 33-42-0.5-2;
(B) IC 33-42-0.5-26;
(C) IC 33-42-9-12; and
(D) IC 33-42-17-7.
(3) An acknowledgment that complies with IC 33-42-0.5-2 and IC 33-42-9-12(a) and contains the following or substantially the same information:
"Before me, E.F., a _________________ (describe the notarial officer type) this _____ day of _______, A.B. acknowledged the execution of the foregoing or annexed _______________ (describe the type of instrument).".
(b) The form set forth in this subsection and any other forms substantially the same are good or sufficient forms for a proof of an instrument that is described in section 3 of this chapter and to be recorded:
(1) A proof that complies with section 1.7 of this chapter and IC 33-42-9-12.
(2) A proof that complies with section 1.7 of this chapter and IC 33-42-9-12(a) and contains the following or substantially the same information:
"Before me, E.F., a _________________ (describe the notarial officer type) this _____ day of _______, appeared A.B. being personally known to me or identified to me by a sufficient credential, whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by C.D. (describe the signer or principal to the instrument) while being personally observed by A.B.".
[Pre-2002 Recodification Citation: 32-1-2-23.]
As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.39.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-8. Repealed

[Pre-2002 Recodification Citation: 32-1-2-24.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.40.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-9. Acknowledgment Incomplete Without Certificate

Sec. 9. An instrument's acknowledgment or proof as required under section 3 of this chapter is incomplete when the instrument does not include the certificate described in IC 33-42-9-12.
[Pre-2002 Recodification Citation: 32-1-2-26.]
As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.41.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-10. Index of Recorded Instruments, Required Information; Time Instrument Considered Recorded

Sec. 10. (a) A recorder of deeds and other instruments shall keep a book or electronic index that includes:
(1) the names of grantor and grantee;
(2) the date and time of the recording;
(3) the location of the recording; and
(4) a legal description, if required.
(b) A deed or instrument shall be considered recorded at the time the date of reception is stamped on the document by the recorder.
[Pre-2002 Recodification Citation: 32-1-2-27.]
As added by P.L.2-2002, SEC.6. Amended by P.L.127-2017, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-11. Instrument Recorded Without Acknowledgment Not Admissible as Evidence

Sec. 11. If an instrument is recorded without an acknowledgment's or proof's certificate as required under this article and IC 33-42-9-12, the instrument or a transcript of the instrument may not be read or received in evidence.
[Pre-2002 Recodification Citation: 32-1-2-28.]
As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.42.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-12. Certificate of Acknowledgment or Record; Conclusiveness

Sec. 12. The:
(1) acknowledgment's or proof's certificate of an instrument as required under this article and IC 33-42-9-12;
(2) instrument; or
(3) transcript of the instrument;
is not conclusive and may be rebutted and the force and effect of it contested by a party affected by the instrument.
[Pre-2002 Recodification Citation: 32-1-2-29.]
As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.43.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-13. Conveyances Dividing Single Property Tax Tracts Into Multiple Parcels; Requirements for Recording

Sec. 13. (a) Except as provided in subsection (c), if the auditor of the county or the township assessor (if any) under IC 6-1.1-5-9 and IC 6-1.1-5-9.1 determines it necessary, an instrument transferring fee simple title to less than the whole of a tract that will result in the division of the tract into at least two (2) parcels for property tax purposes may not be recorded unless the auditor or township assessor is furnished a drawing or other reliable evidence of the following:
(1) The number of acres in each new tax parcel being created.
(2) The existence or absence of improvements on each new tax parcel being created.
(3) The location within the original tract of each new tax parcel being created.
(b) Any instrument that is accepted for recording and placed of record that bears the endorsement required by IC 36-2-11-14 is presumed to comply with this section.
(c) If the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24, a reference to the township assessor in this section is considered to be a reference to the county assessor.
[Pre-2002 Recodification Citation: 32-1-2-37(b).]
As added by P.L.2-2002, SEC.6. Amended by P.L.219-2007, SEC.100; P.L.146-2008, SEC.673.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-14. Conveyance of Tax Sale Property During Redemption Period

Sec. 14. A county recorder may not record a document of conveyance to which IC 32-21-8-7 applies unless the document of conveyance has been endorsed by the auditor of the proper county under IC 36-2-11-14.
As added by P.L.187-2016, SEC.13.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-15. Recording of Instrument Concerning Real Property, Electronic Recording

Sec. 15. An instrument concerning real property that may be recorded with a county recorder under this title may be recorded electronically as an electronic document as provided under IC 32-21-2.5.
As added by P.L.127-2017, SEC.7. Amended by P.L.185-2021, SEC.44.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-1. "Document"

Sec. 1. As used in this chapter, "document" or "documents" means an electronic record (as defined in IC 26-2-8-102) or information that is:
(1) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(2) eligible to be recorded in the land records maintained by a county recorder.
As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.45.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-2. "Electronic"

Sec. 2. As used in this chapter, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
As added by P.L.127-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-3. "Electronic Document"

Sec. 3. As used in this chapter, "electronic document" means a document that is received by a county recorder in an electronic form.
As added by P.L.127-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-4. "Electronic Signature"

Sec. 4. As used in this chapter, "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
As added by P.L.127-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-5. "Person"

Sec. 5. As used in this chapter, "person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or a governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
As added by P.L.127-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-6. "State"

Sec. 6. As used in this chapter, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
As added by P.L.127-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-7. Certain Legal Requirements Satisfied by Electronic Document, Electronic Signature

Sec. 7. (a) If a law requires, as a condition for recording, that a document:
(1) be an original;
(2) be on paper or another tangible medium; or
(3) be in writing;
the requirement is satisfied by an electronic document that satisfies this chapter, IC 32-21-2, IC 36-2-11, and the notarial act requirements set forth under IC 33-42 for an acknowledgment as defined under IC 33-42-0.5-2 or for a proof as defined under IC 32-21-2-1.7.
(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c) If a law requires, as a condition for recording, that a document or a signature associated with a document be notarized, the requirement is satisfied if the electronic document:
(1) has an electronic signature; and
(2) complies with IC 32-21-2-3.
As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.46.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-8. "Paper Document"; Use of Electronic Documents; Electronic Payment of Fees; Cooperation With Other Jurisdictions

Sec. 8. (a) As used in this section, "paper document" or "paper documents" means a tangible record that is received by a county recorder in a form that is not electronic.
(b) On or before July 1, 2022, a county recorder shall receive for recording, indexing, storage, archiving, access to, searching of, retrieval, and transmittal all electronic documents proper for recording. A county recorder shall also accept electronically any fee or tax that the county recorder is authorized to collect under applicable laws. A county recorder shall implement the processing of electronic documents proper for recording in compliance with:
(1) this article;
(2) IC 33-42;
(3) IC 36-2-7.5;
(4) IC 36-2-11; and
(5) IC 36-2-13; and
the standards adopted by the electronic recording commission created under section 9 of this chapter.
(c) This section does not apply to the following documents:
(1) A military discharge under IC 10-17-2.
(2) A survey of real property.
(3) A plat of real property.
(d) A recorder who accepts electronic documents for recording shall:
(1) continue to accept paper documents as authorized by state law; and
(2) place entries for paper documents and electronic documents in the same index.
(e) A recorder who accepts electronic documents for recording may:
(1) convert paper documents accepted for recording into electronic form;
(2) convert into electronic form information recorded before the county recorder began to accept and index electronic documents; or
(3) agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.47; P.L.26-2022, SEC.5.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-9. Electronic Recording Commission; Adoption of Standards Before January 1, 2018

Sec. 9. (a) The electronic recording commission is established to adopt standards to implement this chapter before January 1, 2018. The commission consists of the following five (5) members appointed by the governor:
(1) Three (3) members must be county recorders.
(2) One (1) member must be employed in Indiana in the banking or mortgage lending industry.
(3) One (1) member must be employed in Indiana in the land title industry.
(b) To keep the standards and practices of county recorders in Indiana in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this chapter and to keep the technology used by county recorders in Indiana compatible with technology used by recording offices in other jurisdictions that enact substantially this chapter, the electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing standards shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national standard setting bodies, such as the Property Records Industry Association (PRIA);
(3) the views of interested persons and governmental officials and entities;
(4) the needs of counties of varying size, population, and resources; and
(5) standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
As added by P.L.127-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-10. Applying and Construing Chapter

Sec. 10. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to this article, the Uniform Electronic Transactions Act under IC 26-2-8, IC 33-42, IC 36-2-7.5, and IC 36-2-11, as well as similar laws enacted in other states.
As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.48.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-11. Effect on Electronic Signatures in Global and National Commerce Act (15 u.s.c. 7001, Et seq.)

Sec. 11. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. 7003(b)).
As added by P.L.127-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2.5. Uniform Real Property Electronic Recording Act › 32-21-2.5-12. Recording a Copy of an Electronic Record

Sec. 12. (a) The recorder shall record a paper or tangible copy of an electronic record (as defined in IC 26-2-8-102) that is otherwise eligible under Indiana law to be recorded if the paper or tangible copy of the electronic record:
(1) contains an image of an electronic signature or signatures;
(2) contains an acknowledgment or proof as required by IC 32-21-2-3; and
(3) has been certified by a notarial officer, as described in IC 33-42-9-7(a), to be a true and correct copy of the electronic record as provided in subsection (c).
(b) A printed document that is a paper or tangible copy of an electronic record and certified to be a true and correct copy as described in subsection (c) satisfies any requirement of law that, as a condition for recording, requires the printed document to:
(1) be an original or be in writing;
(2) be signed or contain an original signature if the document contains an electronic signature of the person required to sign the document; and
(3) have an acknowledgment or proof according to Indiana law if the document contains an electronic signature of the notarial officer authorized to perform that act and all other information required to be included.
(c) A notarial officer who makes an acknowledgment or proof under IC 32-21 or IC 33-42 may certify that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:
(1) executing and attaching the notarial officer's official seal to a tangible paper certificate; or
(2) affixing or attaching the certificate to the paper or tangible copy of an electronic record.
(d) The form of the certificate required under subsection (c) must be substantially as follows:
"State of __________
County of __________
I certify that the foregoing and attached document entitled __________ (insert document title), dated __________ (insert document date) and containing _____ pages, is a true and correct copy of an electronic record printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the electronic record's creation or execution.
Signed this _____ day of _____, _____
__________ (signature of notarial officer)
__________ (printed name of notarial officer)
__________ (include notarial officer's commission number, official seal, commission county of residence or employment, and commission expiration date as required by applicable law).".
As added by P.L.185-2021, SEC.49.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 3. Effect of Recording › 32-21-3-1. "Conveyance"

Sec. 1. As used in this chapter, "conveyance" means:
(1) an instrument of writing concerning land or an interest in land, except a last will and testament;
(2) a lease for a term not exceeding three (3) years; or
(3) an executory contract for the sale and purchase of land;
for purposes of the acknowledgment or proof of the instrument, lease, or contract, the recording of the instrument, lease, or contract, and the force and effect of that recording.
[Pre-2002 Recodification Citation: 32-1-2-31.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 3. Effect of Recording › 32-21-3-2. "Grantor"

Sec. 2. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 3. Effect of Recording › 32-21-3-2.5. "Proof"

Sec. 2.5. As used in this chapter, "proof" has the meaning set forth in IC 32-21-2-1.7.
As added by P.L.185-2021, SEC.50.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 3. Effect of Recording › 32-21-3-3. Conveyances Requiring Recording

Sec. 3. A conveyance of any real estate in fee simple or for life, a conveyance of any future estate, or a lease for more than three (3) years after the making of the lease is not valid and effectual against any person other than:
(1) the grantor;
(2) the grantor's heirs and devisees; and
(3) persons having notice of the conveyance or lease;
unless the conveyance or lease is made by a deed recorded within the time and in the manner provided in this chapter.
[Pre-2002 Recodification Citation: 32-1-2-11.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 3. Effect of Recording › 32-21-3-4. Letters of Attorney; Executory Contracts and Memoranda of Contracts for Sale, Purchase, or Lease of Land; Effect of Recording

Sec. 4. (a) The following may be recorded in the county where the land to which the letter or contract relates is situated:
(1) Letters of attorney containing a power to a person to:
(A) sell or convey land; or
(B) sell and convey land as the agent of the owner of the land.
(2) An executory contract for the sale, purchase, or lease of land, or a memorandum of an executory contract for the sale, purchase, or lease of land recorded under IC 36-2-11-20, when proved or acknowledged in the manner prescribed in this chapter for the proof or acknowledgment of conveyances.
(b) The record when recorded and the certified transcript of the record may be read in evidence in the same manner and with the same effect as a conveyance.
(c) A document recorded under this section gives notice to persons that are not parties to the letter or contract of:
(1) the existence of the letter or contract;
(2) the identities of the parties to the letter or contract; and
(3) the duty to inquire about the terms and conditions of the letter or contract if the recorded document does not disclose the terms and conditions.
[Pre-2002 Recodification Citation: 32-1-2-32.]
As added by P.L.2-2002, SEC.6. Amended by P.L.127-2017, SEC.9.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 4. Priority of Recorded Transactions › 32-21-4-0.5. Legislative Findings

Sec. 0.5. For purposes of section 1 of this chapter, the general assembly makes the following findings:
(1) It is in the public interest for any conveyance, as defined in section 1(a) of this chapter, and any mortgage recorded in the office of an Indiana county recorder to not be attacked due to technical deficiencies.
(2) The ability to rely upon documents indexed and recorded in the public land records of an Indiana county recorder provides stability to the ownership of Indiana real property and to Indiana's statewide and local real estate economies.
(3) Making or keeping these subsections in section 1 of this chapter retroactive will not upset any vested substantive rights, liabilities, or duties.
(4) This section is intended to express the original legislative intent of section 1 of this chapter more clearly.
As added by P.L.2-2021, SEC.4. Amended by P.L.9-2022, SEC.67.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 4. Priority of Recorded Transactions › 32-21-4-1. Conveyances and Mortgages; Recording in County Where Located; Priority of Documents

Sec. 1. (a) As used in this section, "conveyance" means an electronic document as defined in IC 32-21-2.5-3 or a paper document as defined in IC 32-21-2.5-8(a) that is:
(1) a deed or other instrument concerning land or an interest in land, except a last will and testament;
(2) a lease or memorandum of lease for a term exceeding three (3) years;
(3) a transfer on death deed as defined under IC 32-17-14-3(16) or an affidavit pursuant to IC 32-17-14-26(b)(20); or
(4) a land contract or a memorandum of land contract for the sale and purchase of land.
(b) A conveyance or mortgage must be recorded in the recorder's office in the county where the land is located.
(c) A conveyance or mortgage takes priority according to the time of its recording. The conveyance or mortgage is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser's, lessee's, or mortgagee's deed, mortgage, or lease is first recorded.
(d) This subsection applies regardless of when an instrument is recorded. If:
(1) an instrument is recorded; and
(2) the instrument:
(A) does not comply with the requirements of:
(i) IC 32-21-2-3, including whether there was both an acknowledgment and proof on the instrument; or
(ii) IC 32-21-2-7;
(B) does not comply with the technical requirements of IC 36-2-11-16(c);
(C) was executed and included an acknowledgment executed pursuant to the terms of any executive order issued by the governor or an order of the supreme court; or
(D) was recorded and indexed by a county recorder as an electronic record (as defined in IC 26-2-8-102);
the instrument is validly recorded and provides constructive notice of the contents of the instrument as of the date of recording.
[Pre-2002 Recodification Citation: 32-1-2-16.]
As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.81; P.L.135-2007, SEC.2; P.L.129-2008, SEC.1; P.L.94-2014, SEC.5; P.L.236-2015, SEC.7; P.L.2-2021, SEC.5.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 4. Priority of Recorded Transactions › 32-21-4-2. Assignment, Mortgage, or Pledge of Rents and Profits as Security; Recording; Immediate Perfection

Sec. 2. (a) This section applies to an instrument regardless of when the instrument was recorded, except that this section does not divest rights that vested before May 1, 1993.
(b) An assignment, a mortgage, or a pledge of rents and profits arising from real estate that is intended as security, whether contained in a separate instrument or otherwise, must be recorded under section 1 of this chapter.
(c) When an assignment, a mortgage, or a pledge of rents and profits is recorded under subsection (b), the security interest of the assignee, mortgagee, or pledgee is immediately perfected as to the assignor, mortgagor, pledgor, and any third parties:
(1) regardless of whether the assignment, mortgage, or pledge is operative:
(A) immediately;
(B) upon the occurrence of a default; or
(C) under any other circumstances; and
(2) without the holder of the security interest taking any further action.
(d) This section does not apply to security interests in:
(1) farm products;
(2) accounts or general intangibles arising from or relating to the sale of farm products by a farmer;
(3) timber to be cut; or
(4) minerals or the like (including oil and gas);
that may be perfected under IC 26-1-9.1.
[Pre-2002 Recodification Citation: 32-1-2-16.3.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 4. Priority of Recorded Transactions › 32-21-4-3. Instrument of Defeasance

Sec. 3. (a) This section applies when a deed:
(1) purports to contain an absolute conveyance of any estate in land; and
(2) is made or intended to be made defeasible by:
(A) a deed of defeasance;
(B) a bond; or
(C) another instrument.
(b) The original conveyance is not defeated or affected against any person other than the maker of the defeasance, the heirs or devisees of the maker of the defeasance, or persons having actual notice of the defeasance unless the instrument of defeasance is:
(1) a deed of defeasance or bond that is recorded in the manner provided by law within ninety (90) days after the date of the deed; or
(2) another instrument that:
(A) is in a form required by the deed;
(B) contains an accurate legal description of the estate in land;
(C) is dated;
(D) has been acknowledged before a notary public;
(E) has been made for consideration; and
(F) is recorded in the manner provided by law within ninety (90) days after the date of the deed.
[Pre-2002 Recodification Citation: 32-1-2-17.]
As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.82; P.L.156-2005, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-1. Applicability of Chapter

Sec. 1. (a) This chapter applies only to a sale of, an exchange of, an installment sales contract for, or a lease with option to buy residential real estate that contains not more than four (4) residential dwelling units.
(b) This chapter does not apply to the following:
(1) Transfers ordered by a court, including transfers:
(A) in the administration of an estate;
(B) by foreclosure sale;
(C) by a trustee in bankruptcy;
(D) by eminent domain;
(E) from a decree of specific performance;
(F) from a decree of divorce; or
(G) from a property settlement agreement.
(2) Transfers by a mortgagee who has acquired the real estate at a sale conducted under a foreclosure decree or who has acquired the real estate by a deed in lieu of foreclosure.
(3) Transfers by a fiduciary in the course of the administration of the decedent's estate, guardianship, conservatorship, or trust.
(4) Transfers made from at least one (1) co-owner solely to at least one (1) other co-owner.
(5) Transfers made solely to any combination of a spouse or an individual in the lineal line of consanguinity of at least one (1) of the transferors.
(6) Transfers made because of the record owner's failure to pay any federal, state, or local taxes.
(7) Transfers to or from any governmental entity.
(8) Transfers involving the first sale of a dwelling that has not been inhabited.
(9) Transfers to a living trust.
[Pre-2002 Recodification Citation: 24-4.6-2-1.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-2. "Buyer" Defined

Sec. 2. As used in this chapter, "buyer" means a transferee in a transaction described in section 1 of this chapter.
[Pre-2002 Recodification Citation: 24-4.6-2-2.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-3. "Closing" Defined

Sec. 3. As used in this chapter, "closing" means a transfer of an interest described in section 1 of this chapter by a deed, installment sales contract, or lease.
[Pre-2002 Recodification Citation: 24-4.6-2-3.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-4. "Defect" Defined

Sec. 4. As used in connection with disclosure forms required by this chapter, "defect" means a condition that would have a significant adverse effect on the value of the property, that would significantly impair the health or safety of future occupants of the property, or that if not repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of the premises.
[Pre-2002 Recodification Citation: 24-4.6-2-4.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-5. "Disclosure Form" Defined

Sec. 5. As used in this chapter, "disclosure form" refers to a disclosure form prepared under section 8 of this chapter or a disclosure form that meets the requirements of section 8 of this chapter.
[Pre-2002 Recodification Citation: 24-4.6-2-5.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-6. "Owner" Defined

Sec. 6. As used in this chapter, "owner" means the owner of residential real estate that is for sale, exchange, lease with an option to buy, or sale under an installment contract.
[Pre-2002 Recodification Citation: 24-4.6-2-6.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-8. Owner Prepared Disclosure Form

Sec. 8. An owner may prepare or use a disclosure form that contains the information required in the disclosure form under section 7 of this chapter and any other information the owner determines is appropriate, including whether the subject property is located in a regional sewage district.
[Pre-2002 Recodification Citation: 24-4.6-2-8.]
As added by P.L.2-2002, SEC.6. Amended by P.L.97-2012, SEC.18.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-8.5. Disclosures Relating to Property Covered by Governing Documents of Homeowners Association

Sec. 8.5. (a) This section applies to all transfers of title to property after June 30, 2015.
(b) The definitions in IC 32-25.5-2 apply in this section.
(c) As used in this section, "property" refers to real property covered by the governing documents of a homeowners association.
(d) As used in this section, "purchaser" refers to a person who purchases property.
(e) The following must be provided by the seller to a purchaser not later than ten (10) days before the sale of the property closes:
(1) A disclosure that the property is in a community governed by a homeowners association.
(2) A copy of the recorded governing documents.
(3) A statement indicating whether there are assessments and the amount of any assessments.
(4) The following information about a board member, homeowners association agent, or other person who has a contract with the homeowners association to provide any management services for the homeowners association:
(A) The name.
(B) The business or home address.
(f) A homeowners association or agent of a homeowners association providing a statement of unpaid assessments or other charges of the homeowners association relating to the property may charge not more than two hundred fifty dollars ($250) for the statement.
(g) The failure to provide any of the documents listed in subsection (e) does not limit or prevent enforcement of the governing documents by the homeowners association.
As added by P.L.141-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-9. Disclosure Form Distinguished From Warranty

Sec. 9. A disclosure form is not a warranty by the owner or the owner's agent, if any, and the disclosure form may not be used as a substitute for any inspections or warranties that the prospective buyer or owner may later obtain.
[Pre-2002 Recodification Citation: 24-4.6-2-9.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-10. Disclosure Form; Presentation Required Before Acceptance of Offer

Sec. 10. (a) An owner must complete and sign a disclosure form and submit the form to a prospective buyer before an offer for the sale of the residential real estate is accepted.
(b) An appraiser retained to appraise the residential real estate for which the disclosure form has been prepared shall be given a copy of the form upon request. This subsection applies only to appraisals made for the buyer or an entity from which the buyer is seeking financing.
(c) Before closing, an accepted offer is not enforceable against the buyer until the owner and the prospective buyer have signed the disclosure form. After closing, the failure of the owner to deliver a disclosure statement form to the buyer does not by itself invalidate a real estate transaction. A buyer may not invalidate a real estate transaction or a contract to purchase real estate due to the buyer's failure to sign a seller's disclosure form that has been received or acknowledged by the buyer.
[Pre-2002 Recodification Citation: 24-4.6-2-10.]
As added by P.L.2-2002, SEC.6. Amended by P.L.150-2013, SEC.3.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-11. Owner Liability for Errors in Form

Sec. 11. The owner is not liable for any error, inaccuracy, or omission of any information required to be delivered to the prospective buyer under this chapter if:
(1) the error, inaccuracy, or omission was not within the actual knowledge of the owner or was based on information provided by a public agency or by another person with a professional license or special knowledge who provided a written or oral report or opinion that the owner reasonably believed to be correct; and
(2) the owner was not negligent in obtaining information from a third party and transmitting the information.
[Pre-2002 Recodification Citation: 24-4.6-2-11.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-12. Matters Arising After Form Delivered; Requirement to Disclose at Settlement; Unknown or Unavailable Information

Sec. 12. (a) An owner does not violate this chapter if the owner subsequently discovers that the disclosure form is inaccurate as a result of any act, circumstance, information received, or agreement subsequent to the delivery of the disclosure form. However, at or before settlement, the owner is required to disclose any material change in the physical condition of the property or certify to the purchaser at settlement that the condition of the property is substantially the same as it was when the disclosure form was provided.
(b) If at the time disclosures are required to be made under subsection (a) an item of information required to be disclosed is unknown or not available to the owner, the owner may state that the information is unknown or may use an approximation of the information if the approximation is clearly identified, is reasonable, is based on the actual knowledge of the owner, and is not used to circumvent the disclosure requirements of this chapter.
[Pre-2002 Recodification Citation: 24-4.6-2-12.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 5. Residential Real Estate Sales Disclosure › 32-21-5-13. Disclosure of Defect After Offer Accepted; Buyer's Right to Nullify Contract; Return of Deposits

Sec. 13. (a) Notwithstanding section 12 of this chapter, if a prospective buyer receives a disclosure form or an amended disclosure form after an offer has been accepted that discloses a defect, the prospective buyer may after receipt of the disclosure form and within two (2) business days nullify the contract by delivering a written rescission to the owner or the owner's agent, if any.
(b) A prospective buyer is not liable for nullifying a contract under this section and is entitled to a return of any deposits made in the transaction.
[Pre-2002 Recodification Citation: 24-4.6-2-13.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 6. Psychologically Affected Properties › 32-21-6-1. "Agent"

Sec. 1. As used in this chapter, "agent" means a real estate agent or other person acting on behalf of the owner or transferee of real estate or acting as a limited agent.
[Pre-2002 Recodification Citation: 24-4.6-2.1-1.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 6. Psychologically Affected Properties › 32-21-6-2. "Limited Agent"

Sec. 2. As used in this chapter, "limited agent" means an agent who, with the written and informed consent of all parties to a real estate transaction, is engaged by both the seller and buyer or both the landlord and tenant.
[Pre-2002 Recodification Citation: 24-4.6-2.1-1.5.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 6. Psychologically Affected Properties › 32-21-6-3. "Psychologically Affected Property"

Sec. 3. As used in this chapter, "psychologically affected property" includes real estate or a dwelling that is for sale, rent, or lease and to which one (1) or more of the following facts or a reasonable suspicion of facts apply:
(1) That an individual died on the property.
(2) That the property was the site of:
(A) a felony under IC 35;
(B) criminal organization (as defined in IC 35-45-9-1) activity;
(C) the discharge of a firearm involving a law enforcement officer while engaged in the officer's official duties; or
(D) the illegal manufacture or distribution of a controlled substance.
[Pre-2002 Recodification Citation: 24-4.6-2.1-2.]
As added by P.L.2-2002, SEC.6. Amended by P.L.25-2016, SEC.13; P.L.209-2018, SEC.14.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 6. Psychologically Affected Properties › 32-21-6-4. "Transferee"

Sec. 4. As used in this chapter, "transferee" means a purchaser, tenant, lessee, prospective purchaser, prospective tenant, or prospective lessee of the real estate or dwelling.
[Pre-2002 Recodification Citation: 24-4.6-2.1-3.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 6. Psychologically Affected Properties › 32-21-6-5. Disclosure Not Required

Sec. 5. An owner or agent is not required to disclose to a transferee any knowledge of a psychologically affected property in a real estate transaction.
[Pre-2002 Recodification Citation: 24-4.6-2.1-4.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 6. Psychologically Affected Properties › 32-21-6-6. Refusal to Disclose; Misrepresentation

Sec. 6. An owner or agent is not liable for the refusal to disclose to a transferee:
(1) that a dwelling or real estate is a psychologically affected property; or
(2) details concerning the psychologically affected nature of the dwelling or real estate.
However, an owner or agent may not intentionally misrepresent a fact concerning a psychologically affected property in response to a direct inquiry from a transferee.
[Pre-2002 Recodification Citation: 24-4.6-2.1-5.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 7. Adverse Possession › 32-21-7-1. Establishing Title; Payment of Taxes and Special Assessments by Adverse Possessor; Exception for Governmental Entities and Exempt Organizations

Sec. 1. (a) Except as provided in subsection (b), in an action to establish title to real property, possession of the real property is not adverse to the owner in a manner as to establish title to the real property unless the adverse possessor pays all taxes and special assessments that the adverse possessor reasonably believes in good faith to be due on the real property during the period the adverse possessor claims to have adversely possessed the real property. However, this section does not relieve any adverse possessor from proving all the elements of title by adverse possession required by law.
(b) A governmental entity or an entity exempt from federal income taxation under Section 501 of the Internal Revenue Code may claim title to real property by adverse possession without having paid all taxes and special assessments due on the real property during the period of adverse possession if an adjacent property owned by the entity was exempt from the payment of property taxes and special assessments during the period of adverse possession.
[Pre-2002 Recodification Citation: 32-1-20-1.]
As added by P.L.2-2002, SEC.6. Amended by P.L.171-2006, SEC.7; P.L.94-2014, SEC.6; P.L.51-2017, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 7. Adverse Possession › 32-21-7-2. Property Owned by State or Political Subdivision; Adverse Possession Action Against Political Subdivision Barred After 6-30-1998

Sec. 2. (a) Title to real property owned by the state or a political subdivision (as defined in IC 36-1-2-13) may not be alienated by adverse possession.
(b) A cause of action based on adverse possession may not be commenced against a political subdivision (as defined in IC 36-1-2-13) after June 30, 1998.
[Pre-2002 Recodification Citation: 32-1-20-2.]
As added by P.L.2-2002, SEC.6. Amended by P.L.16-2009, SEC.30.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 8. Tax Sale Surplus Disclosure › 32-21-8-1. Applicability of Chapter

Sec. 1. This chapter applies to a transfer of property made after June 30, 2001, that transfers ownership of the property from a delinquent taxpayer to another person after the property is sold at a tax sale under IC 6-1.1-24 and before the tax sale purchaser is issued a tax sale deed under IC 6-1.1-25-4.
[Pre-2002 Recodification Citation: 32-2-8-1.]
As added by P.L.2-2002, SEC.6.