Document Type/Recording Requirements
|Types of Documents
|Federal Tax Liens/Releases
|Articles of Incorporation
|Orders to Comply
|State Highway Right of Way Surveys
|Delinquent Sewer Liens
|Powers of Attorney
|Real Estate Contracts
Essential Recording Requirements
|All instruments must meet recording form and legibility statutes. No legal advice or opinions will be given by the Recorder's staff either in person or by telephone. Original documents will be mailed back only if a self addressed stamped envelope is provided.
|To entitle any conveyance, mortgage, or instrument of writing to be recorded.
|Legibility of Names
|Typed or printed under each signature exactly as signed and typed in the document.
|Name of Person Preparing Instrument
|Each document effecting real estate executed or acknowledged in the State of Indiana and at the conclusion of the document (see IC 36-2-11-15 for exceptions)
|Requires county of residence of notary and commission expiration and seal.
|Transfer of Deeds for Taxation
|Endorsement by Auditor before recording.
|Release of Satisfaction of Liens
|May be executed by President, Vice-President, Cashier, Secretary, Treasurer, General Manager or Attorney in Fact only.
|Affirmation statement required on all documents executed or acknowledged in the State of Indiana at the conclusion of the document with the prepared by statement. I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law (see IC 36-2-11-15 for exceptions).
To review the Indiana Code visit the Indiana General Assembly site to search for a code.
- IC 32-21-2-3 Acknowledgment
- IC 32-21-2-3(b) All Grantee's addresses on conveyance requirement
- IC 36-2-11-16 Names printed or typed under signature
- IC 36-2-11-15(c) Prepared by (amended effective July 1, 2007)
- IC 26-2-11-15(d) Affirmation statement & placement (July 1, 2007)
- IC 36-2-11-14 Auditor’s Stamp
- IC 36-2-11-12 Index/Legal description
- IC 36-2-7.5 Recording Documents with Social Security Number IC 36-2-11-26
- Acknowledgement missing
- All Grantee's mailing addresses (street or rural route) not on document of conveyance
- Auditor's stamp is missing
- Cross reference number or book and page to original document is missing
- Document is not totally legible (IC 36-2-11-16)
- Prepared by and affirmation statement missing or not at conclusion of the document
- Document releases or assigns more than one document (blanket documents)
- Incorrect recording fees
- Legal description missing or incomplete
- Names not appearing the same throughout the document IC 36-2-11-16
- Company / Corporation names are included in this rule
- Names not typed or printed identically beneath the signatures
- Name of person preparing the document is missing (Exception: documents prepared outside the State of Indiana)
- Name of company and/or title of officer missing at signature
- No document date
- Notary information is missing or incomplete (Example: county of residence or commission expiration date missing)
- Real estate is not in St Joseph County
- Recorded instrument number of a Power of Attorney must be listed on a document that is being recorded and signed by the attorney-in-fact
- Recording of court documents must have the judge's signature and be filed stamped by the County Clerk
- Signature missing or not an original signature