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For additional compliance guidelines issued through SBOA Bulletins, please see this page.
Legal Guide - Continued
- Ambulance Liens
IC 32-33-5-4 permits the providers of emergency ambulance services (other than a hospital) to file for record a verified statement in writing to perfect a lien. This statement shall be filed in the county recorder's office within sixty days after the provision of the services. IC 32-33-5-4 sets out what the verified statement shall include.
The recorder shall endorse on the claim filed the date and hour of filing and shall charge a fee for filing the claim in accordance with the fee schedule established in IC 36-2-7-10.
To release an ambulance lien the ambulance services provider shall file an executed certificate with the recorder. The recorder shall enter in the margin of the record of the lien and the entry book a memorandum of the filing and the date the certificate was filed. This entry constitutes a release of lien for which the recorder shall receive the fee prescribed in IC 36-2-7-10.
- Sewer Liens
IC 36-9-23-33 requires cities and towns to enforce collection of delinquent sewage charges in the following manner:
(1) The officer charged with the collection of sewer charges is required to prepare a list or individual instrument for each lot or parcel of real property on which fees are delinquent.
(2) The list or individual instrument shall include:
- The name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent,
- The description of the premises, as shown by the records of the county auditor, and
- The amount of the delinquent fees, including penalties.
(3) The list or individual instruments shall be prepared as often as the officer determines is necessary.
(4) The list or individual instruments shall be recorded in the county recorder's office.(5) The fee for recording shall be in accordance with the fee schedule established in IC 36-2-7-10. (Except in Marion County, a service fee of $5.00 shall be added to each delinquent fee that is recorded.)
(6) A lien attaches to the real property served at the time the list or individual instrument is recorded.
(7) Using the lists and instruments prepared and recorded, the officer shall, not later than ten days after recording, certify to the county auditor a list of liens that remain unpaid.
(8) The county auditor shall add a fifteen dollar ($15) certification fee for each parcel or lot of real property. Except in Marion County, the county auditor shall place these unpaid liens on the tax duplicates for collection in the next installment of property taxes.
(9) The city or town clerk-treasurer or other officer charged with the collection of sewage charges shall release any recorded lien after the delinquent fees, penalties, service charges and recording fees have been paid in full.(10) The fee for releasing the liens shall be in accordance with the fee schedule established in IC 36-2-7-10.
An easement created after June 30, 1989, must cross reference the original recorded plat. However, if the real property from which the easement is being created is not platted, the easement must cross reference the most recent deed of record in the recorder's office. The recorder shall charge a fee for recording the easement in accordance with IC 36-2-7-10.
When a release of easement is recorded in the office of the county recorder in the county where the property is situated, the release document must cross reference the original easement document and reflect the name of the current owner of the property to whom the easement is being released as shown on the property tax records of the county. [IC 32-23-2-5]
- Plats of Survey
The county may enact an ordinance requiring that if plats of survey have been prepared the plats must be filed with the county surveyor's office. If such an ordinance is adopted and a plat of survey has been prepared, a notarized record executed by the surveyor of the filing (showing the name of the surveyor, the date of certification, the name of the owner of the surveyed parcel as described in IC 36-2-19-4, subsection (b)(1), and a brief description of the surveyed parcel) must be recorded in the recorder's office. The ordinance shall establish a fee schedule for the filing of the plat.
A copy of any plat recorded in the recorder's office or filed in the surveyor's office under this chapter must be provided to the county auditor or the county surveyor, if this action is authorized by county ordinance for the maintenance of the plat book under IC 6-1.1-5-1. [IC 36-2-19-4 and IC 36-2-19-5]
- Underground Facilities
An operator that has underground facilities located in Indiana shall record with the county recorder of each county in which the facilities are located a list containing the name of each township in the county in which the operator has underground facilities, including those facilities that have been abandoned in place by the operator but not yet physically removed. The list must include the name of the operator and the name, title, address, and telephone number of the operator's representative designated to receive the written or telephonic notice of intent required by IC 8-1-26-16.
An operator shall record any changes in the information contained in the list recorded with the county recorder of the county in which these facilities are located within thirty (30) calendar days of the change. The document reflecting the changes shall be cross-referenced to the original list which was recorded.
The county recorder shall charge a fee in accordance with IC 36-2-7-10. [IC 8-1-26-15]
An association shall be responsible for providing the information for the association's members and shall be responsible for paying the recording fee for the association's members.
After August 31, 2004, operators must be members of the Indiana Underground Plant Protection Service. This Association shall record for its members the information below and pay the required recording fees.
(1) The telephone number and address of the association.
(2) A description of the geographical area served by the association.
(3) A list of the names and addresses of each operator receiving the service from the association. [IC 8-1-26-17]
Recording of Declaration; Contents
The owner of the land on which a condominium is declared shall record with the recorder of the county in which the land is situated a declaration containing the following particulars:
(1) Description of the land on which the building and improvements are or are to be located.
(2) Description of the building, stating the number of stories and basements, and the number of condominium units.
(3) Description of the common areas and facilities.
(4) Description of the limited common areas and facilities, if any, stating to which condominium units their use is reserved.
(5) The percentage of undivided interest in the common areas and facilities appertaining to each condominium unit and its owner for all purposes, including voting.
(6) Provision as to the percentage of votes by the condominium unit owners which shall be required to determine whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property.
(7) Any covenants and restrictions in regard to the use of the condominium units and common areas and facilities.
(8) Any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with IC 32-25.
(9) The method by which the declaration may be amended, consistent with this chapter.
A true copy of the by-laws shall be annexed to the declaration and made a part thereof.
The record of the declaration shall contain a reference to the book, page and date of record of the floor plans of the building affected thereby. [IC 32-25-7-1]
Expandable Condominiums - Contents of Declaration: If a condominium is an expandable condominium, the declaration shall contain, in addition:
(1) A general plan of development showing the property subject to the condominiums; areas into which expansion may be made; and the maximum number of condominium units in additional phases which may be added;
(2) A schedule or formula for determining the percentage of undivided interests in the common areas and facilities which will appertain to each condominium unit as each additional phase is added; and
(3) A time limit, not exceeding ten (10) years within which the phase or phases may be added to the condominium. If additional phases are not developed within five (5) years from the recordation of the declaration, the development of additional phases is not considered a common scheme and development of the entire condominium. [IC 32-25-7-2]
Contractible Condominiums - Contents of Declaration: If a condominium is a contractible condominium, the declaration shall contain, in addition:
(1) An explicit reservation of an option to contract the condominium, together with a statement of any limitations on that option;
(2) A date, not later than ten (10) years after the recording of the declaration, upon which the option to contract the condominium will expire, together with a statement of any circum- stances that will terminate the option before the expiration of the time limit;
(3) A legally sufficient description of all withdrawable land; and
(4) A statement as to whether portions of the withdrawable land may be withdrawn from the condominium at different times, together with a statement of any limitations fixing the boundaries of those portions or regulating the order in which they may be withdrawn. [IC 32-25-7-3]
Simultaneously with the recording of the declaration there shall be filed in the office of the county recorder a set of the floor plans of the condominium or building with relation to lot lines and showing the layout, elevation, location, unit numbers and dimensions of the condominium units, stating the name of the condominium or building or that it has no name, and bearing the verified statement of a registered architect or licensed professional engineer certifying that is an accurate copy of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings. If such plans do not include a verified statement by such architect or engineer that such plans fully and accurately depict the layout, location, unit numbers and dimensions of the condominium units as built, there shall be recorded prior to the first conveyance of any condominium unit an amendment to the declaration to which shall be attached a verified statement of a registered architect or licensed professional engineer certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, unit numbers and dimensions of the condominium units as built. Such plans shall be kept by the recording officer in a separate file for each building, indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated "condominium unit ownership," with the name of the building, if any, and each containing a reference to the book, page and date of recording of the declaration. Correspondingly, the record of the declaration shall contain a reference to the file number of the floor plans of the building affected thereby. [IC 32-25-7-4]
Each condominium unit in a building shall be designated on the plans by letter or number or other appropriate designation. Any instrument recognized by the state for the conveyance or transfer of interests in title, which describes the apartment by using said letter or number followed by the words "in (name) Condominium as recorded in Book , p. , under the date of , , of the records of County, Indiana" is considered to contain a good and sufficient description for all purposes. Any conveyance or transfer of interest in title of a condominium unit is considered also to convey the undivided interests of the owner in the common areas and facilities, both general and limited, appertaining to the condominium unit without specifically or particularly referring to it. The contents, form, method of preparation, and recording of said instruments of conveyance and interpretation thereof shall be governed by the law of this state relating to real property. Each instrument or deed of conveyance also shall include the following:
(1) A statement of the use for which the condominium unit is intended and restrictions on its use.
(2) The percentage of undivided interest appertaining to the condominium unit in the common areas and facilities.
(3) The amount of any unpaid or delinquent assessments of common expenses.
(4) Any other details and restrictions which the grantor and grantee consider desirable that are consistent with the declaration.
Failure to make a statement in the deed as required by subdivision (3) above does not invalidate the title conveyed by the deed, nor does it absolve a grantee under the deed from liability for any unpaid current or delinquent assessments of common expenses against a condominium unit on the date of its conveyance. Upon the request of any condominium unit owner, prospective grantee, title insurance company, or mortgagee, the secretary or other authorized officer of the association of co-owners shall provide, within five (5) days of the request, a statement of the amount of current and delinquent assessments of common expenses against a particular condominium unit. [IC 32-25-7-5]
Recording of Instruments; Indexes
The declaration, any amendment or amendments thereof, any instrument by which the provisions may be waived, and every instrument affecting the property or any condominium unit shall be recorded. Neither the declaration nor any amendment thereof may be valid unless recorded.
All of the laws of this state applicable to the recording of instruments affecting real property shall apply to the recording of instruments affecting any interest in a condominium unit.
In addition to the records and indexes required to be maintained by the recording officer, the recording officer shall maintain an index or indexes whereby the record of each declaration contains a reference to the record of each conveyance of a condominium unit affected by such declaration, and the record of each conveyance of a condominium unit contains a reference to the declaration of the building of which such condominium unit is a part. [IC 32-25-8-3]
Expandable Condominiums; Addition of Real Estate
A declarant may add additional real estate to an expandable condominium if an amendment to the declaration required is executed in the manner described above. The expansion is effective when the instruments required are recorded.
In expanding the condominium the declarant shall prepare, execute, and record amendments to the condominium instruments and record new plats and plans. The amendment to the declaration shall assign an identifying number to each condominium unit within the real estate being added and shall reallocate undivided interests in the common areas and facilities. [IC 32-25-8-13]
Contractible Condominium; Withdrawal of Land
Subject to the declaration, condominium instruments, and IC 32-25-8, a declarant may withdraw withdrawable land from a contractible condominium unless prohibited by paragraph three below. The contraction is effective when the instruments required are recorded.
In contracting the condominium, the declarant shall prepare, execute, and record an amendment to the declaration and condominium instruments containing a legally sufficient description of the land being withdrawn and stating the fact of withdrawal.
If a portion of the withdrawable land was described in the declaration, that portion may not be withdrawn if any person other than the declarant owns a condominium unit situated therein. If no such portion is so described, none of the withdrawable land shall be withdrawn if any person other than the declarant owns a condominium unit situated therein. [IC 32-25-8-14]
- Power of Attorney
(a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney without recording the power of attorney with the county recorder.
(b) An attorney in fact shall record the power of attorney authorizing the execution of a document that must be recorded before presenting the document for recording.
(c) A county recorder may not accept a document for recording if the document:
- was executed; and
- is presented; by an attorney in fact whose power of attorney is unrecorded.
(d) A document creating a power of attorney must comply with recording requirements, including notary and preparation statements, to be recorded under this section.
(e) A document that is presented by an attorney in fact for recording must reference the book and page or instrument number where the instrument creating the power of attorney is recorded before the document may be presented by the attorney in fact. [IC 30-5-3-3]
For additional compliance guidelines issued through SBOA Bulletins, please see this page.
Pursuant to Indiana Code (IC) 5-11-1-24, the State Board of Accounts is required to “establish in writing uniform compliance guidelines… [that] include the standards that an entity must observe to avoid a finding that is critical of the audited entity for a reason other than the audited entity’s failure to comply with a specific law.” Currently, these guidelines are found in SBOA Accounting and Uniform Compliance Guidelines Manuals (Manual), Bulletins, and State Examiner Directives. All guidelines are published on our website with the pertinent guidelines for a particular unit type identified through links.
The Manuals provide the most comprehensive uniform compliance guidelines, including audit positions general to all units, minimum requirements specific to particular units, and topical general standards.
The Bulletins are designed to supplement certain Manuals. Bulletins are published quarterly for Cities & Towns, County, Non-Governmental Entities, Schools, and Townships. The Bulletins typically supply a schedule of upcoming deadlines, new or updated audit positions, and information that local officials needs to be aware of. The Manuals are updated annually for new or updated positions that were included in the Bulletins through the course of the year.
A Directive is a pronouncement by the State Board of Accounts (the Board) that sets forth a policy or procedure that the Board will use to enforce a law or Uniform Compliance Guideline (UCG) to conduct audits, and to carry out its duties as set forth by the Indiana legislature. A Directive is based on the general authority of the Board to carry out its responsibilities under IC 5-11-1 and other laws, and may be a form of the UCGs authorized by IC 5-11-1-24. The Board has the authority to direct public officers in keeping the accounts of their offices, including the use of forms, records, and systems of accounting and reporting adopted by the Board. A person who refuses to follow a Directive is subject to a civil action for an infraction.
If you have any questions for our office, whether it be about these UCGs, or otherwise, please don’t hesitate to call our office at (317) 232-2513 or send an email to one of the following:
Paul D. Joyce, CPA, State Examiner
Michael H. Bozymski, CPA, Deputy State Examiner
Tammy R. White, CPA, Deputy State Examiner
Organization of Office
- Organization of Office
Office Created: The office of county recorder is a constitutional office. The Constitution of Indiana and Indiana statutory law provide for the election of a county recorder in each county of the state at the time of holding general elections. [Article 6, Section 2, Indiana Constitution; IC 36-2-11-2]
Term of Office: The term of office is fixed at four years and no person is eligible to the office of county recorder more than eight years in any period of twelve years. [Article 6, Section 2, Indiana Constitution]
Qualifications: No person shall be elected or appointed as a county recorder who is not an elector of the county, nor who has not been an inhabitant thereof, during one year next preceding his appointment. [Article 6, Section 4, Indiana Constitution]
Each county recorder must reside within his respective county and shall keep his respective office at such place therein, and perform such duties, as directed by law. [Article 6, Section 6, Indiana Constitution]
Oath of Office: Every county recorder, before entering on the officer’s official duties, shall take an oath to support the Constitution of the United States and of this state, and that the officer will faithfully discharge the duties of such office. An individual appointed as a deputy is considered an employee of the political subdivisions performing ministerial functions on behalf of an officer and is not required to take the oath of office. However, if a chief deputy assumes the duties of an office during a vacancy under IC 3-13-11-12, the chief deputy must take the oath before entering on the official duties of the office. [IC 5-4-1-1]
Such oath shall be endorsed on, or attached to, the commission or certificate, and signed by the person taking the oath, and certified to by the officer before whom the same was taken, who shall also deliver to such person a certified copy of the same. [IC 5-4-1-2]
The copy of such oath shall be deposited by such person in the office of the Clerk of the Circuit Court. [IC 5-4-1-4]
Official Bond: The recorder may be required to give a bond conditioned for the faithful discharge and performance of his duty. The bond must be given before the commencement of his term of office. If the recorder fails to give the bond before that time, the recorder may not take office. All official bonds shall be payable to the State of Indiana and shall be obligatory to such state, upon the principal and sureties, for the faithful discharge of all duties required of such officer by any law, then or subsequently in force, for the use of any person injured by any breach of the condition thereof. [IC 5-4-1-9; 5-4-1-1]
If authorized by county council, blanket bond coverage for the recorder may be obtained. [IC 5-4-1-18]
The bond shall be executed by the principal and one or more freehold sureties. [IC 5-4-1-13]
The amount of the bond, in all counties, is not less than $8,500.00. [IC 5-4-1-18] No bond shall be filed until lawfully approved. [IC 5-4-1-8] It is the duty of the board of county commissioners, or a majority of them, to approve the bond; which approval shall be endorsed on the bond by the commissioners, or a majority of them. [IC 5-4-1-8]
The bond shall be filed and recorded in the office of the clerk of the circuit court of the county. The bonds shall be filed within ten (10) days after their approval. [IC 5-4-1-5.1]
The cost of the bond shall be paid out of the general fund of the county. [IC 5-4-5-2]
Office Hours: The recorder shall keep his office open at the county seat, in a building provided by the county commissioners, during regular business hours every day of the year except on Sundays and legal holidays. Provided, however, the office may be closed on such days as the county commissioners may order in accordance with the custom and practice of the county. Any legal action required to be taken in such office during the time the office is closed, pursuant to this act, can be taken on the next following day said office is open. [IC 36-2-11-3; 36-2-11-4]
In Official Opinion No. 36-1955 the Attorney General held that the county board of commissioners would have the authority to designate the opening and closing hours of all offices within the court house, subject, however, to the approval of the elected official upon whom the responsibility rests for fulfilling his statutory duties and, of course, when not in conflict with an existing statute designating specific hours during which the office must remain open.
Legal Holidays Defined: The following are legal holidays within the State of Indiana for all purposes: New Year's Day, January 1; Martin Luther King, Jr.'s Birthday, the third Monday in January; the twelfth day of February, commonly called Lincoln's Birthday; Washington's Birthday, the third Monday in February; the movable feast day of Good Friday; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Veterans' Day, November 11; Thanksgiving Day, the fourth Thursday in November; Christmas Day, December 25; the day of any general, national, state or city election or primary; and the first day of the week, commonly called Sunday.
When any of these holidays falls on a Saturday, the preceding Friday shall be observed as the holiday. When any of these holidays, other than Sunday, comes on Sunday, the Monday next succeeding shall be the legal holiday. [IC 1-1-9-1]
Appointment of Deputies: The recorder is entitled to appoint one (1) first or chief deputy, and also may appoint the number of other full- time or part-time deputies and employees authorized by the county fiscal body. [IC 36-2-16-4]
Oath of Deputies: A deputy appointed under this chapter shall take the oath required of the recorder, if required by IC 5-4-1-1 and may perform all the official duties of the recorder, being subject to the same regulations and penalties. [IC 36-2-16-2; 36-2-16-3]
The recorder shall be responsible for all the official acts of the deputy. [IC 5-6-1-3]
Bonds of Deputies: The recorder may require any deputy so appointed to give bond, in such amount as may be prescribed by statute or as may be fixed by the recorder, conditioned for the faithful discharge of all official duties as such deputy. [IC 36-2-16-2] Deputies may also be covered by a faithful performance of duty "blanket bond" pursuant to IC 5-4-1-18.
The bond shall be filed and recorded in the office of the clerk of the circuit court, in the same manner as the bond of the recorder. [IC 5-4-1-5.1]
The cost of such bond shall be paid from the general fund of the county. [IC 5-4-5-2]
Lucrative Office: No person holding a lucrative office or appointment under the United States or under this State, shall be eligible to a seat in the General Assembly; nor shall any person hold more than one lucrative office at the same time, except as expressly permitted in the Constitution of Indiana. [Article 2, Section 9, Indiana Constitution]
No person holding a lucrative office, may serve as a notary public. [IC 33-42-2-7]
A county recorder has been held to hold a lucrative office. [Daily v. State ex rel. Huffer, 8 Black. 329]
In view of the foregoing, the recorder cannot hold another lucrative office at the same time, nor can the recorder act as a notary public while holding the office.
Official Seal: The recorder shall use an official seal in attesting to an instrument when appropriate to seal the instrument. Before the recorder uses his official seal, he shall file the impression of the seal and a verified description of that impression in the office of the clerk of the circuit court, for recording in the order book of that court.
If the recorder has complied with this section, full faith and credit shall be given to his seal without further attestation. [IC 36-2-11-23]
Vacancy in Office: A vacancy in the office of county recorder shall be filled by appointment by a caucus of the precinct committeemen of the same political party as the person holding office at the time the vacancy occurred. The appointment shall be for the balance of the unexpired term. This statute also makes provision for the first deputy to fill the vacancy until a successor is appointed. [IC 3-13-7]
All selections to fill vacancies in county elected offices are appointments pro tempore for the purposes of Article 2, Section 11 of the Indiana Constitution.
Office Salaries and Expenses
- Office Salaries and Expenses
Salary of Recorder, Deputies and Assistants: The provisions of IC 36-2-5-3 authorize the county council to fix the compensation of the county recorder, deputies and other employees. A statement [Form 144] showing in detail the amount or rate of compensation proposed for each full-time or part-time position, shall be presented to the county commissioners at their July meeting for their review and recommendations. These statements, along with the recommendations of the county commissioners, shall be presented to the county council. [IC 36-2-5-4]
Mileage and Expense Allowances: Mileage is allowed for travel in the performance of official duties, at a rate determined by the county council. [IC 36-2-7-3]
For attending conferences called by the State Board of Accounts, each county recorder shall be entitled to an allowance for lodging for each night preceding conference attendance equal the single room rate. However, lodging expense, in the case of a one (1) day conference, shall only be allowed to persons who reside fifty (50) miles or farther from the conference location. If authorized by the state examiner, deputies and assistants attending such conferences may also receive these allowances; provided, that only one mileage shall be allowed to the auditor, deputy or assistant, although transporting more than one of such persons. [IC 5-11-14-1]
Any other mileage necessarily traveled in the performance of official duties must be claimed on Mileage Claim, General Form No. 101, and payment is contingent upon and limited to the amount specifically appropriated for that purpose by the county council.
Budget Estimate: It is the duty of the recorder to annually prepare an estimate of the amount of money required to operate the office for the ensuing calendar year and an estimate of the fees to be collected. The estimate of expenses must be prepared on Budget Form No. 1 and the estimate of fees to be collected must be prepared on County Budget Form No. 2, both of which are furnished by the county auditor. The estimate should include every item that will be needed or which is proposed to be bought during the following year and such items must be listed under the proper budgetary classifications. The budget estimate and the estimate of fees collected must be prepared and filed with the county auditor. No expenditures may be made unless the money has been appropriated with very few exceptions, like expenses for attending meetings called by the State Board of Accounts, and even the latter expenses should be included in the budget estimate.
Purchases: The board of county commissioners is the purchasing agency for the county. As such, they may establish written policies for purchases made by the purchasing agency. The written policies may apply to all purchases generally or to a specific purchase. The purchasing agency may authorize other individuals to purchase for the county by designating these individuals purchasing agents.
Purchasing agents are to follow the requirements for sealed competitive bidding in making purchases of greater than $150,000. They must accept written quotes for purchases of at least $50,000 but not more than $150,000. Both of these purchasing methods are explained in detail in IC 5-22.
In making purchases of less than $50,000, the purchasing agent must follow the purchase policies established by the purchasing agency. [IC 5-22]
Claims and Expenses: All claims must be filed with the county auditor not less than five (5) days prior to the meeting of the board of commissioners at which the claims are to be considered. In some counties it may be required that they be filed earlier in order that they may be properly processed by the auditor and published as required by law. The auditor should advise you as to your county's policies and procedures. [IC 36-2-6-7]
All salaries and wages shall be claimed on General Form No. 99, Payroll Schedule and Voucher, which is furnished by the auditor. This claim must be completed in all respects and certified as to correctness by the county recorder in the space provided thereon. Mileage, if any, shall be claimed on General Form No. 101, Mileage Claim, furnished by the auditor. All claims for supplies, equipment and other operating expenses shall be completely itemized and filed with the county auditor on County Form No. 17 furnished by the auditor. Each claim chargeable to the recorder's budget should be approved by the recorder as to correctness and delivery of the goods or services before allowance by the board of commissioners. No claim may be paid by the auditor until allowed by the board of commissioners, except as specifically allowed by county ordinance.
Employee's Service Record: An Employee's Service Record, Form No. 99A is required to be kept for each employee, to support the preparation of payrolls. A separate form shall be kept on a calendar year basis for each employee.
The record is designed to show for each calendar date whether the employee worked, was absent, or was on vacation, sick or other authorized leave. It is imperative that this record be kept for all employees, both salaried and hourly. The Federal Fair Labor Standards Act also requires that records showing hours worked be kept for those employees subject to the Act.
Powers and Duties
- Powers and Duties
The purpose of this section is to mention, briefly, the powers and duties of county recorders, insofar as they apply to the actual transaction of the business of the office. Such powers and duties are statutory and, for the most part, are covered in detail in Chapter 8, Legal Guide.
It should be constantly kept in mind that the powers and duties of a county recorder are no more and no less than those expressly or impliedly given or imposed upon county recorders by law. You should familiarize yourself with the applicable laws prior to or immediately upon assuming the office and should proceed only in the manner and under authority of existing statutes.
As county recorder you should not assume any grant of power or authority under the color of the office which is not expressly granted by law. For example, you should not use the power of your office to prepare legal papers, such as abstracts of title, deeds, mortgages and other legal documents, when this power or authority has not been granted.
Acquaint yourself with the powers and duties of the office and proceed only in the manner and under authority of the statutes. If a legal question should arise consult the statutes or, if necessary, seek the advice of the county attorney.
Recording Instruments: The primary duty of the county recorder is to record instruments submitted for recording. It is the duty of the recorder to see that each instrument meets the essential requirements for recording, as discussed in the section Legal Guide. Each instrument must be entered in the Entry Book, properly indexed, and recorded in the manner provided by law. The processing of instruments submitted for recording is discussed in Chapter 6.
Copies of Records or Instruments: It is the duty of the county recorder to prepare, proof and furnish any submitted copy of any transcript of any record or copy of any record or instrument in all cases, when required by law or ordered by the court or requested by any parties and, if further requested, to certify under seal as to the correctness thereof.
Cash Receipts: It is the duty of the county recorder to keep an accurate account of all fees charged and collected and to deposit such collections daily in the depository or depositories duly designated by the county board of finance. It is also the duty of the recorder to pay over all of such collections to the county treasurer immediately after the close of each calendar month.
Search of Records for Liens: In Official Opinion No. 22 of the Attorney General, dated March 20, 1958, and Official Opinion No. 58 of the Attorney General, dated September 28, 1964, it was held that there is no affirmative duty imposed upon the county recorder to search his official records, at the request of any party, for liens or other instruments, and to certify to the results of such search, and to certify to an interested party as to the existence of or lack thereof of a presently effective financial statement in his files. However, a county recorder does have permissive authority for searching his records upon request and as an elected public official may wish to do so.
For information regarding searches required by the provisions of the Uniform Commercial Code see Administrative Rules published on the Indiana Secretary of State’s website at www.IN.gov/sos/business/ucc.html.
Acknowledgments: The county recorder is empowered under IC 32-21-2-3 to acknowledge "any conveyance, mortgage or instrument of writing to be recorded." Such power is restricted to only those instruments.
Conferences Called by State Board of Accounts: County recorders are encouraged to attend any conferences called by the State Board of Accounts. Such conference shall be for the purpose of instructions in the proper use of prescribed forms, keeping of records and for any other purpose which will result in the better conduct of public business. [IC 5-11-14-1]
Uniform Commercial Code: Duties of the county recorder under the Uniform Commercial Code are set out on the Indiana Secretary of State’s website at www.IN.gov/sos/business/ucc.html.
Special Sessions - Board of County Commissioners: Special sessions of the board of county commissioners of the various counties in this state, may be called whenever the public interests requires it, by a member of the board of county commissioners, by the county auditor, by the clerk of the circuit court, or if the offices of county auditor and county clerk are both vacant, by the recorder of the proper county. [IC 36-2-2-8]
Member - County Commission of Public Records: The county recorder is a member of the county commission of public records. Members of this commission serve without compensation and shall receive no reimbursement for any expense. The county commission shall meet at least one time each calendar year. For additional information regarding the local records commission’s duties review IC 5-15-6 or consult with the Indiana Commission on Public Records at www.IN.gov/icpr. [IC 5-15-6-1]
- Recorder's Fees
IC 36-2-7-10 provides that the recorders of the various counties of this state shall on behalf of their respective counties, tax and collect, upon proper books to be kept in their offices for that purpose, the fees and amounts provided herein on account of services rendered by said recorders. The fees and amounts so taxed, which shall be in full for all services of the recorder, shall be designated as "Recorder's Fees." Provided, that they shall not belong to or be the property of the recorder, but shall belong to and be the property of the county and shall be paid into the county treasury at the close of each calendar month. The fees shall supersede all other recording fees required by law to be charged for services rendered by the county recorders. The fees to be taxed and collected are as follows:
- Six dollars ($6.00) for the first page and two dollars ($2.00) for each additional page of any document the recorder records if the pages are not larger than eight and one-half (8 ½) inches by fourteen (14) inches.
- Fifteen dollars ($15.00) for the first page and five dollars ($5.00) for each additional page of any document the recorder records, if the pages are larger than eight and one-half (8 ½) inches by fourteen (14) inches.
- 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 ($1.00) for marginal mortgage assignments or marginal mortgage releases.
- One dollar ($1.00) for each cross reference of a recorded document.
- One dollar ($1.00) per page not larger than eight and one-half (8 ½) inches by fourteen (14) inches for furnishing copies of records and two dollars ($2.00) per page that is larger than eight and one-half (8 ½) inches by fourteen (14) inches.
- Five dollars ($5.00) for acknowledging or certifying to a document.
- Five dollars ($5.00) for each deed the recorder records, in addition to the 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).
- A fee in an amount authorized under IC 5-14-3-8 for transmitting a copy of a document by facsimile machine. Although this subsection remains in IC 36-2-7-10, IC 5-14-3-8 no longer authorizes a county to establish or charge a fee for facsimile transmission.
- 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.
- A supplemental fee of three dollars ($3.00) 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.
- Three dollars ($3.00) for each mortgage on real estate recorded, in addition to other fees required by this section. This fee should be distributed as follows:
Fifty cents ($.50) is to be deposited into the recorder's record perpetuation fund. Two dollars and fifty cents ($2.50) is to be deposited with the county auditor into a fund for state share of mortgage recording fees. The county auditor is responsible for remitting the state share of mortgage fees collected semi-annually to the Auditor of State as provided in IC 24-9-9-3.
- If at least one unit in the county has established an affordable housing fund under IC 5-20-5-15.5 the county fiscal body may adopt an ordinance authorizing the county recorder to charge a fee of two dollars and fifty cents ($2.50) for the first page; and one dollar ($1) for each additional page; of each document the recorder records.
An allocation of the monies collected by the recorder under subsection 12 should be made prior to deposit with the county treasurer. Sixty percent (60%) of the collections should be deposited to benefit units in the county that have established an affordable housing fund. The county treasurer is to make distribution to the units in the county that have such a fund using the ratio of population served by the unit having an affordable housing fund to the total population of the county that is within all units having an affordable housing fund. The remaining forty percent (40%) is to be distributed to the Treasurer of State for deposit in the affordable housing and community development fund. Monies under this subsection must be distributed before the sixteenth day of the month following the month in which the money is collected from the county recorder.
- This subsection applies only to Marion County. It authorizes the county to establish a fee for the housing trust fund similar to subsection 12 above.
- The county recorder shall charge a two dollar ($2) county identification protection fee for recording or filing a document. This fee shall be deposited into the county identification security protection fund established by IC 36-2-7.5-11.
The county treasurer shall establish a recorder's records perpetuation fund. All revenue received under subsection 5, 8, 9, 10, and part of 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 recordkeeping systems and equipment. Money from the fund may not be deposited or transferred into the county general fund.
As used in this section, "record" or "recording" includes the functions of recording, filing, and filing for record.
The county recorder shall post these fees in a prominent place within the county recorder's office where the fee schedule will be readily accessible to the public. The county recorder shall charge bulk users seven cents ($0.07) per page for a recorded document including the index of the instrument number or book and page, or both, for retrieving the recorded document. Additionally, the recorder shall charge seven cents ($0.07) per recorded document for a copy of the other indices used by the county recorder for finding, retrieving, and viewing a recorded document. The county recorder may charge a fee that exceeds the seven cents. However, the total amount charged for the bulk form copies may not exceed the actual cost plus one cent of providing the bulk form copies. "Bulk form" as used here means:
- a copy of all recorded documents received by the county recorder for recording in a calendar day, week, month, or year;
- the indices for finding, retrieving, and viewing all recorded documents received by the county recorder for recording a calendar day, week, month , or year; or
- both subdivisions (1) and (2).
The county recorder shall provide bulk users with bulk form copies in the format or medium in which the county recorder maintains the recorded documents and indices.
All revenue generated by the county recorder under this section shall be deposited in the recorder's record perpetuation fund. [IC 36-2-7-10.1]
The county recorder may not tax or collect any fee for:
- recording an official bond of a public officer, a deputy, an appointee, or an employee; or
- performing any service under any of the following:
- IC 6-1.1-22-2(c).
- IC 8-23-7.
- IC 8-23-23.
- IC 10-17-2-3.
- IC 10-17-3-2.
- IC 12-14-13.
- IC 12-14-16.
The state and its agencies and instrumentalities are required to pay the recording fees and charges that this section prescribes. [IC 36-2-7-10]
IC 32-28-3-3 provides a charge of two dollars ($2.00) for mailing, first class, a Mechanics Lien Notice for each notice that is mailed.
UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS
SCHEDULE OF FEES
UNIFORM COMMERCIAL CODE FEE SCHEDULE
UCC FINANCING STATEMENT One or two written pages or communicated by another medium $4.00 More than two written pages $8.00 UCC FINANCING STATEMENT AMENDMENT One or two written pages or communicated by another medium $4.00 More than two written pages $8.00 UCC INFORMATION REQUESTS $5.00
- Services for Which No Fees are Collectible
For the services set out below no fees shall be taxed and collected by county recorders:
State, County, or Municipal Highway Right-of-Way or Easements: For recording any right-of-way or easement acquired by the Indiana Department of Transportation. This would also include the purchase of any right-of-way. [IC 8-23-7-31 and IC 8-23-23-1]
UCC - Requests for Duplicates: For marking file number and date and hour of filing on three or less extra copies of a statement or document filed under Article 9 of the Uniform Commercial Code.
Veterans' Discharge Papers: For recording discharges from military service of the United States of members of any branch of the service who are residents of Indiana. [IC 10-17-2-3]
Certified Copies to Veterans, Widows or Dependents: For providing one (1) certified copy of any document or record if it is shown that the certified copy is necessary to secure benefits to members of the military service, to honorably discharged veterans, or their widows, or dependents, under any federal or state law. Provided, that if the person requests more than one (1) certified copy of the document or record there may be a charge of not more than the amount specified in IC 36-2-7-10(b). The words "honorably discharged veterans" shall include those persons placed on inactive duty under honorable conditions but not discharged from military service. [IC 10-17-3-2]
Official Bonds: For recording official bonds of any public officer, deputy, appointee or employee. [IC 36-2-7-10] This includes official bonds of all officers, deputies, appointees and employees of all state and local governmental units, or agencies thereof, including bonds of school extra-curricular treasurers, or other official bonds purchased by or on behalf of a governmental unit or agency.
Supplemental Assistance To The Aged Certificates: For filing supplemental assistance to the aged certificates, entry of the abstract thereof, and satisfaction of lien. [IC 12-14-13-5]
Other Free Recordings: (1) Supplemental assistance liens concerning blind persons and disabled persons, IC 12-14-16-1; and (3) certain surveys, legal descriptions and plats, IC 6-1.1-22-2(c).
- Taxing Unlawful Fees
It shall be unlawful for any officer in this state, under color of his office, to tax, or permit to be taxed, in his office, any fee or sum of money that is not legally allowable under the statute or statutes of the state. [IC 5-7-2-1]
No county or township officer in this state shall, under color of the officer's office, charge, tax up or receive, or permit to be taxed up or received, in relation to any service in or about this office, any fee or sum of money except such fee or sum of money as is plainly specified in IC 33-37 and IC 36-2 without resort to implication. [IC 5-7-2-2]
An officer who knowingly: (1) Taxes any fees or makes any charges for services he does not actually perform; (2) charges for any services any rate or fee other than that allowed by statute; or (3) fails to enter, tax, or charge at the proper time the proper fees for services; commits a Class A misdemeanor and is liable personally upon his bond for any damage or loss sustained by the county. [IC 36-2-7-18]
Official Records and Forms
- Official Records and Forms
The official records and forms required to be used by the county recorder fall in the following two categories:
- Those prescribed by the State Board of Accounts and computerized records approved for use by the county.
- Those prescribed by statute, where the wording of the record or form is specified in the statute or has been designed pursuant to statute.
Samples of all records and forms prescribed by the State Board of Accounts have been furnished each printer holding county contracts. Insist that the printer furnish only those that are prescribed and which conform to the legal requirements of the law. In the event there is some uncertainty as to the proper wording or design of any record or form, consult the State Board of Accounts and request a specimen of the record or form.
Prescribed records and forms must be used. If, for any reason, you desire to computerize any record or form, such change may be made only with the approval of the State Board of Accounts.
The following records and forms have been prescribed by the State Board of Accounts for use of county recorders:
County Form No. Fee and Cash Book 3 (Rev. 1985) Uniform Commercial Code Journal of Cash Receipts 3A (Rev. 1987) Report of Collections 362 (Rev. 1987) Register of Farm Names 66 (1914) Application for Registration of Farm Name 67 (1914) Certificate of Registration of Farm Name 68A (1914) Abstract of Old Age Assistance Certificates 124A (1936) Record of Instruments Copied or Proofed 138 (Rev. 1997) Check 140 (Rev. 1960)
The following records and forms are prescribed by statute:
Indiana Code Reference Entry Book IC 36-2-11-9 Deed Record IC 36-2-11-8 Mortgage Record IC 36-2-11-8 County Cemetery Record (Deeds) IC 23-14-34 Quiet Title Record IC 32-30-3-17 Miscellaneous Record (No specific statute prescribing record but several statutes mention recording in "Miscellaneous Record" See IC 32-28-3-5; 36-2-11-19; 36-2-11-22) Plat Books IC 36-2-17-5 Official Bond Register IC 5-4-1-5.1 Record of Partnerships and Firm Names IC 23-15-1-1 Record of Discharges From U.S. Military or Naval Service IC 10-5-4-1 General Index of Deeds IC 36-2-11-12 General Index of Mortgages IC 36-2-11-12
In addition to the foregoing prescribed records, many counties have installed other records in which instruments are recorded, most of which are merely subdivisions of the deed, mortgage and miscellaneous records. Among the records used in some counties are: Mechanics Lien Record, School Fund Mortgage Record, Oil and Gas Lease Record, Release Record (for release of mortgages and other liens), and Partition Record. To this list may be added other special records in use in some counties. However, as pointed out, these records are only subdivisions of the basic deed, mortgage and miscellaneous records, and are not necessarily used in all counties.
- Electronic Storage
IC 36-2-17-17 permits county recorders to substitute an electronic storage medium for any book. If information is entered in an electronic storage medium the system must be capable of retrieval and/or reproduction of the information during normal business hours.
Use of Records - Procedure
- Use of Records - Procedure
This section deals with the actual recording of instruments and other services required of the recorder in the transaction of the business of the office. The handling and accounting for cash receipts is separately discussed in Chapter 7.
No attempt is made in this section to outline and enumerate in detail each particular duty pertaining to the processing and recording of instruments, since all of such duties are statutory and for the most part are fully covered in other sections. There are, however, certain basic duties required of each recorder upon the receipt of an instrument for recording, which are discussed in the following paragraphs and which we feel should be uniformly followed by all recorders.
Receipt of Instrument: Upon the receipt of an instrument for recording it should be examined to see that it meets all statutory requirements, and that it is accompanied with a remittance for the proper recording fee, if a fee is required, and recorded in the order received. [IC 36-2-11-6 and 36-2-11-8]
Entry Book: Immediately upon receipt of the instrument for recording it must be entered in the "Entry Book" showing the day and hour received and the other information required by statute to be recorded therein. The instrument shall be deemed as recorded at the time so noted. [IC 32-21-2-10; 36-2-11-9]
If a satisfaction, cancellation, or assignment of any kind is made on the margin of a record in the recorder's office ,the recorder shall immediately enter it on the entry book. The entry must show the date of entry, the name of the person who executed the instrument satisfied, canceled, or assigned, and the name, number, and page of the record where the instrument is recorded. [IC 36-2-11-18]
Instrument Number: To identify each instrument an "instrument number" should be assigned to such instrument, immediately upon its receipt and entry in the Entry Book. This number should be entered on the instrument, in the proper column of the Entry Book, and also in the proper column of the Fee and Cash Book. The numbers must be consecutively assigned to insure that all instruments are properly accounted for and recorded and may be affixed manually or by the use of a consecutive numbering machine. The use of a numbering machine which holds and repeats the same number three times, for entry thereof on the instrument, the Entry Book and the Fee and Cash Book, seems to better insure proper numerical sequence and proper entry of the instrument numbers.
Instrument numbers should also be assigned to each marginal satisfaction, cancellation or assignment entered in the Entry Book.
Fee and Cash Book: Immediately after entry of the instrument in the Entry Book the fee received therefor must be entered in the Fee and Cash Book. If no fee is payable, the instrument should be entered in the Fee and Cash Book with the symbol "N/C" to be entered in the cash column to indicate that no fee was chargeable. For further instructions in keeping the Fee and Cash Book.
Recording and Indexing Instrument: After the instrument has been assigned a number and entered in the Entry Book and the Fee and Cash Book, it is then in a position to be recorded in the appropriate record, properly indexed, and the recording entries completed.
Extreme care should be taken in handling all of the foregoing entries, since failure to properly enter, record and index an instrument may have an adverse effect upon the title to property, and possibly may make the recorder liable therefor. If instruments are handwritten or typewritten, they should be carefully proofread before the instrument is returned.
Notation on Instrument: Space is usually printed on deed and mortgage forms for showing the date 2008 7-2 and time the instrument is recorded, the record and page where recorded, and signature of the recorder. Where not printed on the instrument, the recorder should have a rubber stamp containing substantially the same information. This notation should be completed before return of the instrument to the person submitting it for recording.
- Recording of Instruments
Methods of Recording: There are several authorized methods or processes by which instruments may be recorded.. These include: (a) the regular handwritten and typewritten methods; (b) photographic or photostatic process; (c) miniature photographic process or microfilm process; and (d) digital imaging processes. Before any recording process under (b) (c) or (d) is used it must be adopted and approved by the board of county commissioners.
Use of Jet-Black Ink: County recorders are required to use permanent jet-black, non-fading ink in the preparation of any and all records, which by law the recorder is charged with the responsibility of preparing for any purpose, when such record is written in longhand. A person who violates this subsection commits a Class C infraction. [IC 36-2-17-2]
Records: The statutory and prescribed records in which instruments shall be recorded are listed in further sections and the statutes pertaining to most types of instruments are covered in a further section. The recorder should carefully review these chapters and the records of the office to insure that each type of instrument is uniformly recorded in the proper record. If a question should arise as to the proper record to be used, refer to the statutes and, if necessary, consult the county attorney.
Errors in Recording: Where an error is made in copying an instrument and it is not detected in proofreading and corrected before the instrument is returned, it is advisable not to make any changes thereafter in the original record. Instead, the instrument upon being again submitted should be re-recorded in its correct form.
If the error is the fault of the recorder's office, no charge should be made for re-recording the instrument. If, however, the instrument is copied in the exact form submitted and later an error is discovered in the original instrument and a corrected instrument filed for record, then the usual recording fee must be charged.
- Copies of Records or Instruments
The furnishing of copies of any record or instrument is governed by IC 36-2-7-10 and IC 36-2-7-10.1.
In keeping with the provisions of this law the State Board of Accounts has prescribed County Form No. 138, Record of Instruments Copied or Proofed. When a request is made for a copy, or copies, of any record or instrument, Form No. 138 must be filled out and signed by the requester, identifying the particular record or instrument and showing the number of copies requested. If the request is by mail, it should be so indicated in the space provided for "Signature and Requester" and the letter of request placed on file in support thereof. Each request will bear an "Identification Number" to be prenumbered by the printer, and this number shall appear on each copy furnished.
Upon receipt of the copy or copies the requester shall pay the fees fixed by Indiana Code, unless the statutes require that such copy or copies be furnished without charge. The fees charged and collected shall be entered in the space provided on Form No. 138 and immediately entered in the Fee and Cash Book, to be accounted for as are other fees.
Copies furnished under this Act should not be entered in the Entry Book, since the latter record is designed to be used only for the entry of instruments received for recording.
For acknowledging any conveyance, mortgage or instrument in writing to be recorded, pursuant to authority granted in IC 32-21-2-3, a fee of five dollars ($5.00) shall be charged and collected. The fees for such services must be entered in the Fee and Cash Book, but no entry thereof should be made in the Entry Book or other record of the office.
Financial Records - Accounting for Fees
- Financial Records - Accounting for Fees
The following forms and records have been prescribed by the State Board of Accounts for use of county recorders in accounting for fees collected:
Recorder's Fee and Cash Book, County Form No. 3 (Rev. 1985)
Uniform Commercial Code Journal and Cash Receipts, County Form No. 3A (Rev. 1987)
Check, Form No. 140 (1960)
Report of Collections, General Form No. 362 (Rev. 1987)
All fees received by the county recorder, for official services or involving official authority, shall be the property of the county and shall be paid into the county treasury at the close of each calendar month. [IC 36-2-7-10]
Receipt of Fees: County recorders shall keep, in proper fee books, an accurate account of all fees and charges as required by law, for any and all services performed by them or their deputies or clerks, and they shall also keep a cashbook in which they shall enter consecutively, and as received, each sum of money by them received, with the date of such receipt, the person from whom received, and a brief mention of the cause in which the same was received, which shall be kept for inspection during their continuance in office, and shall be delivered to their successors in office as a part of the records of the office. [IC 36-2-7-15]
Fees may be received by any of the following financial instruments that the county council authorizes for use:
- Bank draft.
- Money order.
- Bank card or credit card, including debit cards.
- Electronic funds transfer.
- Any other financial instrument authorized by the fiscal body.
If there is a charge to the county for the use of a financial instrument, the county may collect a sum equal to the amount of the charge from the person who uses the financial instrument. The county may contract with a bank card or credit card vendor for acceptance of bank cards or credit cards and the county may pay any applicable service charge associated with the use of bank card or credit card. [IC 36-1-8-11]
Fee and Cash Book: In keeping with the provisions of the above cited statute, the State Board of Accounts has prescribed the Recorder's Fee and Cash Book, County Form No. 3 (Rev. 1985), in which all receipts of the office shall be entered. The record is designed to show the date received, the number of the instrument (if for a recorded instrument), from whom received, and the amount of the fee extended into the proper cash column. If the amount received is for furnishing a copy of an instrument or record, the identification number shown on the request, County Form No. 138, may be entered in the column headed "number of instrument" or it may be entered immediately following the name of the person from whom received. The source of any other receipts, such as fees for acknowledging instruments, may be indicated immediately following the name of the person from whom received.
Even though no fee is payable it is suggested that the item be entered in the Fee and Cash Book, with the symbol "N/C" indicating no charge to be entered in the cash column, to account for all services rendered.
Receipts may be group-posted on a single line of the Fee and Cash Book, if all of the following conditions exist:
- All fees are received from the same person or firm;
- The fees are for consecutive instrument numbers; and,
- The same fee is taxed and collected for each of such instruments.
The foregoing instructions as to group-posting apply only to the Fee and Cash Book. It is not applicable to the entry of instruments in the Entry Book, where the statutes require the separate entry of each instrument.
Deposit of Receipts: All fees received by the county recorder shall be deposited within the next business day [IC 5-13-6-1]. This may necessitate the writing of the receipt and entry into the Fee and Cash Book prior to the assignment of an instrument number.
Footing and Balancing Fee and Cash Book: The Fee and Cash Book should be totaled and footed at the close of each day and the receipts verified with the cash drawer. The amount of such receipts should also agree with the deposit to be made on the following business day. At the close of each calendar month the receipts should be accumulated and monthly totals entered at the foot of each column. The monthly totals should agree with the depository balance at the close of the month, considering the deposit of any fees received on the last day of the month, and will represent the amount to be paid into the county treasury.
Footing and Balancing UCC Journal of Cash Receipts: The UCC Journal of Cash Receipts should be totaled and footed at the close of each day and the total carried to the Fee and Cash Book.
Disbursements: Pursuant to the provisions of IC 5-13-5-4 funds may be withdrawn from the depository only on checks signed by the recorder or duly authorized deputy. Check Form No. 140 has been prescribed and must be used by all county recorders in making payments of fees to the county or in making any other disbursements of fees collected.
Report of Fees Collected: Each month, when fees are remitted to the county treasurer, it shall be accompanied by a report prepared on General Form No. 362, Report of Collections, to be filed with the county auditor. The fees to be credited to the county general fund should be subtotaled on the report and the fees to be credited to the Surveyor's Corner Perpetuation Fund and the Recorder's Records Perpetuation Fund should be designated separately before arriving at a grand total of all fees remitted.
Change Fund: County recorders are permitted to establish a cash change fund to facilitate handling collections, in such amount as approved by the county council. Such fund is established by warrant of the county auditor drawn against the county general fund, without appropriation, upon a verified claim filed by the recorder and allowed by the board. The recorder is responsible for the custody, safekeeping and proper accounting for such cash in the same manner as other funds in his custody. The entire cash change fund shall be returned to the county general fund if and when it is no longer needed or upon change of county recorders. [IC 36-1-8-2]
Refund of Overpayment: County recorders will occasionally receive fees through the mail which are in excess of the required recording fees. If the amount submitted is at least three dollars ($3.00) more than the fee required by IC 36-2-7-10, the amount that exceeds three dollars ($3.00) should be refunded upon the request of the person filing the document. The recorder may retain as an administrative fee up to three dollars ($3.00) of the excess submitted.
- Legal Guide
The purpose of this section is to serve as a ready reference guide to statutes that impose specific duties upon the recorder.
In some instances excerpts have been quoted or the wording condensed from the statutes. In other instances the Indiana Code has been quoted verbatim when it was felt that a full quotation would be beneficial.
It is not presumed this section includes every statute affecting the office of county recorder. Neither does it include many of the statutes discussed elsewhere in the Manual. It does, however, include those that are more often needed by the recorder in the performance of official duties.
Legal citations are given so that the applicable laws and opinions may be conveniently referred to whenever further information on the subject is desired.
- Entry Book
Every recorder of deeds shall keep a book, each page of which shall be divided into five (5) columns, headed as follows, to-wit:
- Date of Reception
- Names of Grantors
- Names of Grantees
- Description of Land
- Volume and Page Where Recorded
And the recorder shall enter in said book all deeds and other instruments left with him to be recorded, noting in the first column the day and hour of receiving such deed or instrument, and the other particulars in the appropriate columns; and every such deed or instrument shall be deemed as recorded at the time so noted. [IC 32-21-2-10; 36-2-11-9]
It shall be the duty of every county recorder to enter upon the entry book of his office, at the time they are executed, all satisfactions, cancellations and assignments, of whatever kind, when such satisfaction, cancellation or assignment is made upon the margin of any record in the county recorder's office, and such entry shall show the date of entry, name of the person or persons who executed the instrument so satisfied, canceled or assigned and the name, number and page of the record where such instrument is recorded. [IC 36-2-11-18]
- Records in General - Recording of Instruments
The recorder shall record all instruments that are proper for recording, in the order in which they are received in his office for record. [IC 36-2-11-8]
Such recorder shall record deeds and mortgages in separate records, to be procured for that purpose, as provided in IC 36-2-11-8.
Every conveyance or other instrument, entitled by law to be recorded, shall be recorded by the recorder of the county in which the land included in such conveyance or other instrument, is situated; together with the requisite certificate of acknowledgment of proof endorsed thereon or annexed thereto. Unless such certificate is recorded with such deed, neither the record of such conveyance or other instrument of writing, nor any transcript thereof, shall be read or received in evidence. [IC 32-21-2-11]
Printed Records: A county recorder may use printed forms for record books only for the recording of instruments presented by persons who presented fifty (50) or more instruments for recording during the preceding year. (IC 36-2-11-11)
Printed Record Sheets: The recorder may record sheets conforming in size, color, weight, and texture to the pages of the appropriate official record book in which similar instruments are recorded, if:
- The complete text of a printed instrument comprising ten (10) or more printed pages has been accurately and legibly printed on the sheets;
- The original instrument is filed for record in his office at the same time; and,
- He is satisfied that the complete text of the original instrument has been accurately and legibly printed on the sheets.
After the recorder has numbered the sheets and securely fastened them into the official record book at the proper place according to the date and time of the filing of the instrument for record, the instruments are considered to have been properly recorded. [IC 36-2-11-10]
(NOTE: The cost of printed record sheets under this statute is not to be borne by the county.)
Photographic or Photostatic Recording Process: A county officer who is required to record documents may record them by a photographic process if: (1) The process is adopted by the county commissioners; and (2) the necessary photographic equipment and supplies are furnished for that purpose by the county commissioners.
Photostatic recording of documents has the same force as recording of documents by handwriting, typewriter, or handwriting on partly printed pages. [IC 36-2-17-3]
Miniature Photographic or Microfilm Recording Process: A county officer may record documents by miniature photographic process or microfilm process if: (1) The installation of the process is approved by the county commissioners; and, (2) the process provides for an original and a duplicate film copy of each document that the officer is required to record. The officer shall index and file the original copy in a suitable container in the office where the document is recorded, in such a manner that it is easily accessible and readable by an interested person. The officer shall preserve the duplicate copy in a fireproof vault, either in the courthouse where the office is located or in a place designated by the county commissioners.
When recording a release, assignment, or other document that requires a marginal entry or notation on a prior record made under this section, an officer acting under this section shall: (1) Record the document on the index page of the photographic or microfilm record containing the prior record; or (2) Index and cross-reference the marginal entry or notation and record it on a separate page attached to or filed with and made a part of the prior record.
An officer recording a document under this section has exclusive control over the film and records in his office, and he may not return an original document to the person presenting it for record until the film copy of that document is properly recorded, indexed, filed, and made available to interested persons. [IC 36-2-17-4]
Fees: The recorder may demand his fees before entering and recording an instrument. [IC 36-2-11-6]
When the recorder has received an instrument for record, he or she may return it to the person who presented it only after the fee for recording the instrument has been paid. [IC 36-2-11-7]
Indexes: The recorder shall index each volume of instruments he records by: (1) The name of each grantor, promisor, or covenantor, in alphabetical order and cross-referenced to the proper grantee, promisee, or covenantee; and (2) The name of each grantee, promisee, or covenantee, in alphabetical order and cross-referenced to the proper grantor, promisor, or covenantor.
The recorder shall accurately maintain separate indexes of all the records of deeds for real estate and mortgages on real estate in his office. The recorder shall index each deed or mortgage alphabetically, by the name of each grantor and grantee or mortgagor and mortgagee, and shall include in each index entry a concise description of the real property, the date of the deed or mortgage, and the number or letter of the book and the page at which each deed or mortgage is recorded. [IC 36-2-11-12]
- Essential Requirements of Instruments
Acknowledgments: To entitle any conveyance, mortgage or instrument of writing to be recorded, it must be acknowledged by the grantor or proved before a: judge; clerk of a court of record; county auditor; county recorder; notary public; mayor of a city, in this or any other state; commissioner appointed in any other state by the governor of this state; minister, charge d'affaires, or consul of the United States in any foreign country; clerk of the city-county council for a consolidated city; city clerk for a second class city, or clerk treasurer for a third class city; clerk treasurer for a town; or person authorized under IC 2-3-4-1 including a member of the general assembly, the principal clerk of the house of representatives and the secretary of the senate. [IC 32-21-2-3]
When any conveyance, mortgage or other instrument required to be recorded is acknowledged in any county in this state other than the one in which the same is required to be recorded, the acknowledgment shall be certified by the clerk of the circuit court of the county in which such officer resides, and attested by the seal of said court, but an acknowledgment before an officer having an official seal, if attested by such official seal, shall be sufficient without such certificate. [IC 32-21-2-4]
To entitle to record, in this state, conveyances acknowledged out of this state and within the United States, the same must be certified by the clerk of any court of record of the county in which the officer receiving the acknowledgment resides, and attested by the seal of said court; but an acknowledgment before an officer having an official seal, attested by his official seal, shall be sufficient without such certificate. [IC 32-21-2-5]
If executed in a foreign country, conveyances, mortgages and other instruments in writing, that would be admitted to record under the recording laws of this state, must be acknowledged by the grantor or person executing the same and proved before any diplomatic or consular officer of the United States, duly accredited, or before any officer of such country who, by the laws thereof, is authorized to take acknowledgments or proof of conveyances. If the acknowledgment or proof is in the English language and attested by the official seal of such officer, it shall be sufficient to admit the instrument to record. However, if the acknowledgment is in some other language or not attested by such official seal, then the instrument must be accompanied by a certificate of an officer of the United States attesting: that the instrument is duly executed according to the laws of the foreign country; that the officer certifying the acknowledgment or proof had legal authority to do so; and to the meaning of the instrument, if the instrument is made in a foreign language. [IC 32-21-1-11]
The following, or any other form substantially the same, shall be a good and sufficient form of acknowledgment of any deed or mortgage:
"Before me, E. F. (judge or justice, as the case may be), this _______ day of ______________, A.B. acknowledged the execution of the annexed deed, (or mortgage, as the case may be)." [IC 32-21-2-7]
In addition to the acknowledgment of written instruments and the performance of other notarial acts in the manner and form otherwise authorized by the laws of this state, a person: serving in or with the armed forces of the United States wherever located; or a person who is serving as a merchant seaman outside the limits of the United States included within the fifty (50) states and the District of Columbia; or a person who is outside said limits by permission, assignment or direction of any department or office of the United States government, in connection with any activity pertaining to the prosecution of any war in which the United States is engaged; may acknowledge any instruments, attest documents, subscribe oaths and affirmations, give depositions, execute affidavits and perform other notarial acts before any commissioned officer with the rank of second lieutenant or higher in the active services of the Army of the United States or the United States Marine Corps or before any commissioned officer with the rank of ensign or higher in the active service of the United States Navy or the United States Coast Guard, or with equivalent rank in any other component part of the armed forces of the United States. The commissioned officer shall certify the instrument with the officer's official signature and title in substantially the following form:
All deeds may be proved according to the rules of the common law before any officer authorized to take acknowledgments. A deed that is proved in the manner provided in this section is entitled to be recorded. [IC 32-21-2-6]
Legibility of Names: Except for below, the recorder may receive for record an instrument only if all of the following requirements are met:
- The name of each person who executed the instrument is legibly printed, typewritten, or stamped immediately beneath the signature or the signature itself is printed, typewritten, or stamped;
- The name of each witness to the instrument is legibly printed, typewritten, or stamped immediately beneath the signature or the signature itself is printed, typewritten, or stamped;
- The name of each notary public whose signature appears on the instruments is legibly printed, typewritten, or stamped immediately beneath the signature or the signature itself is printed, typewritten, or stamped; and
- The name of each person who executed the instrument appears identically in the body of the instrument, in the acknowledgment or jurat, in the person's signature, and beneath the person's signature.
The recorder may receive for record an instrument that does not comply with the above if:
- A printed or typewritten affidavit of a person with personal knowledge of the facts is recorded with the instrument;
- The affidavit complies with this section;
- The affidavit states the correct name of a person, if any, whose signature cannot be identified or whose name is not printed, typewritten, or stamped on the instrument as prescribed by this section;
- When the instrument does not comply with subsection (c)(4) above, the affidavit states the correct name of the person and states that each of the names used in the instrument refers to the person; and
- If the instrument is a copy, the instrument is marked "Copy."
An instrument, document, or copy received and recorded by a county recorder is conclusively presumed to comply with this section. A recorded copy shall have the same effect as if the original document had been recorded. [IC 36-2-11-16]
The provisions of this section shall not apply to the following instruments:
- An instrument executed before November 4, 1943;
- A judgment, order, or writ of a court;
- A will or death certificate; or
- An instrument executed or acknowledged outside Indiana.
Whenever this section prescribes that the name of a person be "printed, typewritten, or stamped immediately beneath the person's signature," the signature must be written on the instrument, directly preceding the "printed, typewritten, or stamped" name, and may not be superimposed on that name so as to render either illegible. However, the instrument may be received for record if the name and signature are, in the discretion of the county recorder, placed on the instrument so as to render the connection between the two apparent.
Document Quality: The recorder shall record a document or a copy produced by a photographic process of the document presented for recording if:
- The document complies with other statutory recording requirements; and,
- The document or copy will produce a clear, and unobstructed copy.
Name of Person Preparing Instrument: The recorder may receive for record or filing an instrument that conveys, creates, encumbers, assigns, or otherwise disposes of an interest in or lien on property only if (1) the name of the person and governmental agency, if any, that prepared the instrument is printed, typewritten, stamped, or signed in a legible manner at the conclusion of the instrument and (2) all social security numbers in the document are redacted, unless required by law. An instrument complies with (1) above if it contains a statement in the following form: "This instrument was prepared by (name)." An instrument complies with (2) above if it contains a statement in the following form at the conclusion of the instrument and immediately preceding or following the statement required under (1): "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 (name)." [IC 36-2-11-15]
This section does not apply to:
- An instrument executed before July 1, 1959, or recorded before July 26, 1967;
- A judgment, order, or writ of a court;
- A will or death certificate;
- An instrument executed or acknowledged outside Indiana; or
- A federal lien on real property or a federal tax lien on personal property, as described in IC 36-2-11-25. [IC 36-2-11-15]
Federal Documentary Stamp Tax: The Internal Revenue Code imposes a tax upon deeds, instru-ments, or other writings, whereby realty sold is granted, assigned, transferred, conveyed to, or vested in, the purchaser or, at his direction, in any other person, subject to the provisions of such code. The tax, if due, is paid by the purchase of federal documentary stamps to be affixed to the instrument and cancelled in the manner provided in the code. The documentary stamps may be purchased at any United States Post Office.
The recording of an instrument is not contingent upon the stamps being affixed and we know of no statute or other provision imposing a responsibility upon the county recorder to see that the documentary stamps are so affixed to an instrument. It would seem that the recorder's authority or responsibility could go no further than to call the person's attention to the absence of such stamps, if the tax appears to be due.
Notarized Documents: IC 33-42-2-9 requires notary publics to indicate the county of residence on the document being notarized. Validity of any document notarized before July 1, 1982 would not be affected.
Since the county recorder does not testify as to the validity of any instrument for recording, a recorder should not refuse to accept instruments even though the county of residence of the notary public was not shown on the document.
- Deeds and Mortgages
Many of the statutes applicable to the recording of deeds and mortgages are covered elsewhere in this section, and particularly under the heading of "Essential Requirements of Instruments." In addition to these statutes, the following are also applicable to deeds and mortgages:
Transfer of Deeds for Taxation: Before recording any deed of partition; conveyance of any land; or affidavit of transfer to real estate; the recorder shall require the endorsement thereon of the auditor of the proper county (which such auditor is hereby required, on demand, to make), that the land therein mentioned has been "duly entered for taxation subject to final acceptance for transfer," or that it is "not taxable," or "duly entered for taxation." [IC 36-2-11-14]
A recorder who violates this section shall forfeit the sum of five dollars ($5.00), to be recovered by an action in the name of the county, for the benefit of the common school fund. [IC 36-2-11-14]
Release or Satisfaction of Liens: Every grantor in a deed of conveyance to real estate which has been placed upon record, in which deed such grantor has retained a lien for purchase money or other purpose on the real estate conveyed, shall, when full satisfaction of the lien shall have been received by the grantor, the grantor's assign or the grantor's lawful agent, and at the request of the grantee, enter satisfaction of the lien on the margin of the record of the lien, or in any other proper place that the recorder selects on the record, which shall operate as a complete discharge of the lien. [IC 32-28-5-1]
If a satisfaction, cancellation, or assignment of any kind is made on the margin of a record in the recorder's office, the recorder shall immediately enter it on the entry book. The entry must show the date of entry, the name of the person who executed the instrument satisfied, cancelled, or assigned, and the name, number, and page of the record where the instrument is recorded. [IC 36-2-11-18]
If a grantee has satisfied a lien on real property but the grantor has not recorded that the lien has been satisfied under section one [IC 32-28-5-1] of this chapter, the grantor shall, at the request of the grantee, certify that the lien has been satisfied. The grantor's certification shall be acknowledged by the grantor in the same manner as is required to entitle a conveyance of real property to be recorded. The grantor's certification shall be recorded by the recorder in whose office the deed is recorded, with reference to the location of the recorded deed. [IC 32-28-5-2]
The release of 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 same, is not a valid release of said 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. [IC 32-29-3-1]
If a mortgage has been paid and satisfied by the mortgagor, the mortgagor may take a certificate of satisfaction, duly acknowledged by the mortgagee, or his lawful agent, as required for the acknowledgment of conveyances to entitle them to be recorded. The certificate and acknowledgment shall be recorded by the recorder in whose office that mortgage is recorded, with a reference to the record of the mortgage. The recorded certificate discharges and releases the mortgagor from that mortgage (or portion of that mortgage as indicated in a partial satisfaction), and bars all suits and actions on the mortgage. [IC 32-29-1-7]
It is lawful for the president, vice president, cashier, secretary, treasurer, attorney in fact, or other authorized representative of any national bank, state bank, trust company, or savings bank, or the president, vice-president, general manager, secretary, treasurer, or 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 payment of the debts secured by the liens.
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.
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 does so, an instrument presented for recordation in that county may not contain more than one (1) release, discharge, or satisfaction. If a recorder allows 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). [IC 32-29-5-1]
A national bank, state bank, trust company, or savings bank, or other corporation may, in like manner, release and discharge mortgages, judgments, and other record liens each by a separate written instrument signed by its corporation name, president, vice-president, cashier, secretary, treasurer, attorney in fact, or authorized representative. A release under this section 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. This release, when recorded, is a full discharge and satisfaction of the lien, or portion of the lien as indicated in a partial release. However, a release by the attorney in fact may not be entitled to be recorded until an instrument in writing duly signed and acknowledged by any two (2) officers of the national bank, state bank, trust company, savings bank, or any other corporation granting authority, specifically granting authority to release and discharge mortgages, judgments, or other record liens has been recorded in the recorder's office of the county where the release is to be recorded.
A party may revoke the written instrument filed 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 was filed, a separate written instrument signed and acknowledged by two (2) officers of the entity revoking the attorney in fact's authority. [IC 32-29-5-1]
If the mortgage records of a county in Indiana indicate that a mortgage has been executed to the state of Indiana, and there is no evidence of indebtedness in the possession of either the treasurer or auditor of state, and there is no evidence in the offices of either the auditor or treasurer that such loan or loans secured by such mortgage or mortgages were ever made, the auditor of state may release and discharge said mortgage and mortgages of record. [IC 32-29-4-1]
It is the duty of every person, firm, limited liability company, corporation, copartnership, association, administrator, executor, guardian, trustee, or other person, who is the owner, holder or custodian of any mortgage, mechanic's lien, judgment or other lien recorded in Indiana, to release, discharge and satisfy of record, in whole or in part, such mortgage, mechanic's lien, judgment, or other lien, when the debt or obligation, together with the interest thereon, which such mortgage, mechanic's lien, judgment, or other lien, was made to secure, shall have been fully paid, lawfully tendered and discharged in whole or in part.
When the release, discharge or satisfaction is a release, discharge or satisfaction in part, the instrument must state on its face that it is a partial release, partial discharge or partial satisfaction and describe what portion of the mortgage, mechanic's lien, judgment or other lien is released discharged, or satisfied. [IC 32-28-1-1]
Release of Lien on Foreclosure: Upon the foreclosure of a recorded mortgage in any court of any county having jurisdiction in this state, and the payment and satisfaction of such judgment as may be rendered in such 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 if property is located. The record in foreclosure and satisfaction shall show that the whole debt secured by the mortgage has been paid. The recorder shall be paid a fee of not more than the amount specified in IC 36-2-7-10(b)(1) and (2) in each case of foreclosure requiring satisfaction. [IC 32-30-10-6]
Lapse of Time Release: Except as provided below, if the record of a mortgage or lien does not show when the debt or the last installment of the debt thereby secured becomes due, the lien of such mortgage or vendor's lien upon the real estate covered thereby shall cease and expire twenty (20) years from the date on which such mortgage or lien is executed, and in the event that such date has been omitted in such mortgage or vendor's lien, the lien of such mortgage or vendor's lien upon the real estate covered thereby shall cease and expire twenty (20) years from the date on which such mortgage or vendor's lien is recorded, and thereafter, upon the request* of the owner or owners of record of such real estate, the recorder of the county in which such real estate is situated shall certify on the record that the mortgage or vendor's lien is fully paid and satisfied by lapse of time, and the real estate is released from the lien. [IC 32-28-4-2]
*Note: To support a lapse of time release under IC 32-28-4-2, it is the general practice of county recorders to require the owner or owners of record to file a "written" request and this seems to be contemplated by the wording of that section.
The original mortgagee or the owner of any mortgage or any vendor's lien, the record of which does not show the time when the debt or the last installment of the debt secured by such mortgage or vendor's lien becomes due, may, within twenty (20) years from the date of such mortgage or lien, or, in the event that such mortgage or lien contains no date of execution, from the date of the recording of such mortgage or vendor's lien, file for record in the office of the recorder of the county in which such mortgage or vendor's lien is recorded, an affidavit showing the time when the debt or the last installment of the debt secured by such mortgage or vendor's lien becomes due, and, upon the filing of such affidavit, the recorder shall make a reference on the margin of the record of such mortgage or vendor's lien to the fact of the recording of such affidavit, showing the location in which such affidavit is recorded. The filing of such affidavit for record shall have the same effect with respect to the duration of the lien of the mortgage or vendor's lien described in such affidavit and with respect to the time within which an action may be brought or maintained to foreclose such mortgage or vendor's lien as though the time of maturity of the debt or the last installment of the debt secured by such mortgage or vendor's lien had been stated in such mortgage or vendor's lien when recorded. Such affidavit shall be prima facie evidence of the truth of the averments therein contained. The lien of such mortgage or vendor's lien on the real estate described therein shall cease and expire twenty (20) years from the time when the debt or the last installment of the debt secured by such mortgage or vendor's lien becomes due, as shown by such affidavit, and, upon the expiration of twenty (20) years from such time of maturity, the recorder of the county in which such affidavit is recorded, upon the request of the owner or owners of record of such real estate, shall certify across the face of the record of any such mortgage or vendor's lien that such mortgage or vendor's lien is fully paid and satisfied by lapse of time and that the real estate described in such mortgage or vendor's lien is released from the lien thereof. [IC 32-28-4-3]
The recorder shall charge a fee for filing the affidavit in accordance with the fee schedule established in IC 36-2-7-10. The fee to be charged, if not larger than 8½ x 14 inches, would be six dollars ($6.00) for the first page, two dollars ($2.00) for each additional page, and one dollar ($1.00) for attesting to the release on the recorded mortgage.
Assignment of Mortgage: 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 assignment shall be noted in the margin by the recorder, by reference to the book and page or to the instrument number where the assignment is recorded. 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 does so, 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). After entry is made of record, the entry is a public record. Any assignee may enter satisfaction or release of the 2008 9-13 mortgage, or the part of the mortgage held by the assignee of record. [IC 32-29-1-8]
A person who transfers or assigns a mortgage in Indiana shall do so in writing, either on the record where such mortgage is recorded or by separate written instrument. A person who transfers or assigns a mortgage shall cause the instrument to be acknowledged before an officer authorized to take acknowledgments of the execution of such mortgages. [IC 32-29-2-1]
- State, County or Municipal Highway Rights-of-Way
Whenever any right-of-way or easement for any state, county or municipal highway is acquired, an accurate description of all such rights-of-way and easements shall be filed in the office of the recorder of the county in which the real property is located. The description shall be recorded in the deed records of the county. The county recorder may not charge a fee for filing and recording the description. [IC 8-23-23-1]
Note: While the county auditor makes no transfer of right-of-way grants for taxation (except where transferred by deed) and the full acreage remains assessed to the owner of such land, it is required by IC 6-1.1-4-14 that a pro rata deduction be given the owner in land assessment value for so much thereof as may be occupied for right-of-way purposes. Therefore, so that the county auditor may make an appropriate notation on his records and give a pro rata deduction in assessed value for that part included in the right-of-way grants, it is suggested that each right-of-way grant be referred to the county auditor at the time of recording.
- Affidavits Affecting Real Estate
An affidavit that: (1) Concerns the birth, marriage, death, name, residence, identity, or relationship of any of the parties named in an instrument affecting real property; (2) Is made by a land surveyor registered under IC 25-21.5 and concerns the existence or location of a monument or physical boundary; (3) Is made by a land surveyor registered under IC 25-21.5 and reconciles ambiguous descriptions in conveyances with descriptions in a regular chain of title; (4) Concerns facts incident to the adverse possession of real property and the payment of taxes on that property; or (5) Is made by a purchaser of real property sold on foreclosure or conveyed in lieu of foreclosure of: (a) A deed of trust securing an issue of bonds or other evidences of indebtedness; (b) A mortgage; (c) A contract for the sale of real property; or (d) Any other security instrument; held by a fiduciary or other representative, and concerns the authority of the purchaser to purchase the property and the terms and conditions on which the property is to be held and disposed of; may be recorded in the office of the recorder of the county in which the property is located. If an affidavit is presented to the recorder for record under this section, the recorder shall record it in the miscellaneous records in the recorder's office.
An affidavit recorded under this section may be received in evidence in any proceeding affecting the real property and constitutes prima facie evidence of the facts and circumstances contained in the affidavit. [IC 36-2-11-19]
- Contract Purchase - Deduction from the Assessed Value
Each year a person who is a resident of this state may receive a deduction from the assessed value of mortgaged real property that he owns, or real property that he is buying under a contract, with the contract or a memorandum of the contract recorded in the recorder's office. [IC 6-1.1-12-2]
- Security Interest
Security interests and agricultural liens should be filed in the office of the county recorder if: the collateral is as – extracted collateral or timber to be cut; or the financing statement is filed as a fixture filing and the collateral is goods that will become fixtures.
Other security interests will be filed in the office of the Secretary of State, including amendments, continuations, and assignments of security interests filed prior to July 1, 2002 in the office of the County Recorder. Terminations of financing statements filed prior to July, 1, 2002 will be filed in the office of the County Recorder where the financing statement was originally filed unless the financing statement was refiled with the Secretary of State. The refiled financing statements' terminations need to be filed with the Secretary of State's office. [IC 26-1-9.1-501]
- Plats of Additions and Subdivisions
Additions and Subdivisions to Cities and Towns: A person who lays out a town, an addition to a municipality, or a subdivision of lots or lands within the corporate boundaries of a municipality, shall record a correct plat of the town, addition, or subdivision in the office of the recorder of the county before selling any lots in the town, addition, or subdivision. The plat must show public grounds, public ways, and the length, width, and size of each lot. Lots shown on the plat must be regularly numbered.
Every donation or grant to the public, or to any person, that is noted as such on the plat, is considered a general warranty to the donee or grantee named on the plat, for the purposes intended by the donor or grantor.
Before offering a plat for record under this section, a person must acknowledge it before an officer authorized by law to take and certify acknowledgments of deeds. The plat may be recorded only if it is made and acknowledged in the manner prescribed by this section.
Before a person offers a plat for recording under this section, he must submit it for the approval of:
- The advisory plan commission that has jurisdiction over the platted area under IC 36-7-4-100 through IC 36-7-4-199; or
- The municipal works board, if no advisory plan commission has jurisdiction over the platted area under IC 36-7-4.
The advisory plan commission or works board shall approve or disapprove the plat, and may require the public ways shown in the plat to be as wide as, and coterminous with, the public ways in contiguous parts of the municipality. The county recorder may record the plat only if a certificate showing the approval of the plan commission or works board is attached to it. If the record of a plat is not executed and approved as required by this subsection, it is void. [IC 36-7-3-3]
Subdivisions Outside Cities and Towns: A person who lays out a subdivision of lots or lands outside the corporate boundaries of any municipality shall record a correct plat of the subdivision in the office of the recorder of the county before selling any lots in the subdivision. The plat must show public places, public ways, and the length, width, and size of each lot. Lots shown on the plat must be regularly numbered.
The certificate of a registered land surveyor, certifying the correctness of the plat must be attached to the plat. This certificate must include a description, by metes and bounds, of the location of the plat.
Before offering a plat for record under this section, a person must acknowledge it before an officer authorized by law to take and certify acknowledgments of deeds. The officer shall then attach to the plat a certificate of the acknowledgment, which must be recorded with the plat.
A person must also file a copy of the plat in the county auditor's office and must submit the plat for the approval of the board of county commissioners.
The county recorder may record the plat only if a certificate showing the approval of the county commissioners is attached to it. If the record of a plat is not executed and approved as required by this subsection, it is void. [IC 36-7-3-2]
Approval of Plan Commission: Once an ordinance, containing provisions for subdivision control and the approval of plats and replats, has been adopted and a certified copy of the ordinance has been filed with the county recorder, the plan commission has exclusive control over the approval of all plats and replats involving land covered by the subdivision control ordinance. [IC 36-7-4-701]
Transfers and Entries for Taxation: When any land is platted, before such plat is recorded it shall be presented to the county auditor who shall enter the lots or parcels described in such plat on the tax lists in lieu of the land included therein. [IC 6-1.1-5-3]
- Cemetery Plats and Deeds
Before granting or selling any burial right in any part of a cemetery developed and platted after March 6, 1953, the owner of the cemetery shall cause to be recorded in the recorder's office of the county in which the cemetery is located an accurate survey and plat of that part of its property in which it proposes to grant or sell burial rights. [IC 23-14-34-1]
The owner of a cemetery shall issue a deed, certificate, or license to each purchaser of a burial right in the cemetery. Each deed, certificate, or license issued under this section must be properly signed and acknowledged before a notary public. [IC 23-14-34-4]
- Quiet Title Record
All orders and decrees in any suit to quiet the title to real estate shall be entered by the clerk of the court in the civil order-book. After a court enters a final judgment in a proceeding, the clerk of the court shall certify a copy of the order or decree, and deliver the certified copy to the recorder for record. The costs of the transcript, together with the fees for recording the same in the recorder's office, shall be taxed as a part of the costs of the action. Every recorder of this state shall procure a substantially bound book to be known as "Quiet Title Record," of the size and quality of the deed records of the county, and an index for said record. The index shall give the names of the plaintiffs alphabetically, the date of filing the transcript, the date of the final judgment, and the date final judgment was recorded, a brief description of the real estate upon which the title has been quieted, and the book and page where the final judgment is recorded. [IC 32-30-3-17]
- Decree of Final Distribution in Estates
Whenever the decree of final distribution includes real property, a certified copy thereof shall be recorded by the personal representative in every county of this state in which any real property distributed by the decree is situated, except the county in which the estate is administered. The cost of recording such decree shall be charged to the estate. [IC 29-1-17-2(e)]
- Mechanics' Lien on Real Estate
Any person who wishes to acquire a lien upon any property, whether the claim is due or not, shall file in the recorder's office of the county, at any time within ninety (90) days after performing labor or furnishing materials, or machinery, described in section 1 of this chapter, a sworn statement in duplicate of the person's intention to hold a lien upon the property for the amount of the claim, specifically setting forth the amount claimed, the name and address of the claimant and the name of the owner, the latest address of the owner as shown on the property tax records of the county and give the legal description, street and number, if any, of the lot or land on which the house, mill, manufactory or other buildings, bridge, reservoir, system of waterworks or other structure may stand or be connected with or to which it may be removed. The name of the owner and legal description of the lot or land will be sufficient if they are substantially as set forth in the latest entry in the county auditor's transfer books at the time of filing of the notice of intention to hold a lien. The recorder shall mail first class one (1) of the duplicates to the owner named in such notice within three (3) business days after recordation and post records as to the date of this action. The notice shall be addressed to the latest address of the owner as specifically set out in the sworn statement and notice of the person intending to hold a lien. The recorder shall be entitled to a fee of two dollars ($2.00) to be collected from the lien claimant for each notice that is mailed. [IC 32-28-3-3]
The sworn statement of the intention to hold the lien may be verified and filed on behalf of a client by an attorney registered with the Clerk of the Supreme Court as an attorney in good standing under the requirements of the Supreme Court. [IC 32-28-3-3]
The recorder shall record the statement and notice, when presented, in the miscellaneous record book. All liens so created shall relate to the time when the mechanic or other person began to perform the labor or furnish the materials or machinery. Except as provided in specific circumstances listed in IC 32-28-3-5(c) and (d), all liens shall have priority over liens suffered or created thereafter. The liens of other mechanics or materialmen do not have priority over liens of another mechanic or materialman. The other exception is that the mortgage of a lender has priority over all liens created under this chapter that are recorded after the mortgage is recorded. [IC 32-28-3-5]
Any person who is the owner of or who has an interest in real estate to which a mechanics' lien has been attached may, at any time after thirteen (13) months from the date of the filing of the notice of such lien, file in the office of the recorder of the county in which such real estate is situated, an affidavit stating that no suit for the foreclosure of such lien is pending and that no unsatisfied judgment has been rendered on the lien. [IC 32-28-6-1]
It shall be the duty of the recorder of the county in which the encumbered real estate is situated to record such affidavit, when presented, in the miscellaneous record book. It shall also be the duty of said recorder to certify on the record of the lien that the mechanics' lien is fully satisfied and that the real estate described in the mechanics' lien is released from the lien. The fee of the recorder for filing and recording of any the affidavit shall be an amount prescribed by law and paid by the person filing the affidavit. [IC 32-28-6-2]
Notice by Owner to Commence Suit - Release of Lien: The owner of property upon which a mechanic's lien has been taken, or any person or corporation having an interest therein, including mortgagees and lienholders, may notify, in writing, the owner or holder of the lien to file an action to foreclose the lien and if the holder fails to commence suit within thirty (30) days after receiving notice, the lien is void, but nothing contained herein shall prevent the claim from being collected as other claims are collected by law.
Any person who has given such notice by registered or certified mail to the holder of the lien at the address given in the notice of lien recorded may file an affidavit of service of the notice to commence suit with the recorder of the county in which the property is situated. The affidavit shall states the facts of the notice; that more than thirty (30) days have passed; that no suit for foreclosure of the lien is pending; and no unsatisfied judgment has been rendered on the lien. It shall be the duty of the recorder to record the affidavit in the miscellaneous record book and certify on the record of any lien that is fully released from the lien. [IC 32-28-3-10]
- Other Liens to be Handled the Same as Mechanic's Liens on Real Estate
The same procedures applicable to mechanic's liens apply to the following: (1) Railroads [IC 32-28-3-13] and (2) Real Estate, Land Surveyors and Architects [IC 32-28-11], (3) Employees' Liens [IC 32-28-12], (4) Motor Vehicles (Airplanes) [IC 32-33-10-7], (5) Liveryman's Liens [IC 32-33-8], (6) Assessment Liens [IC 32-25-6-3], (7) Mechanics Liens (Personality) [IC 32-33-9].
- Homeowners Association Liens
A homeowners association lien attaches to real estate upon the recording of a notice of lien by the homeowners association in the office of the recorder of the county in which the real estate is located. It attaches on the date of the recording of the notice of the lien and does not relate back to: (1) a date specified in the bylaws, the covenants, or another written instrument of the homeowners association; or (2) the date the common expenses were assessed. [IC 32-28-14-6]
A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint must be filed not later than one (1) year after the date the statement and notice of intention to hold a lien was recorded under section 6 of this chapter. If a lien is not enforced within the time set forth the lien is void. If a lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the real estate subject to the lien. The officers making the sale shall sell the real estate without any relief from valuation or appraisement laws. [IC 32-28-14-8]
A homeowners association lien is void if both of the following occur: (1) the owner of the real estate subject to the homeowners association lien or any person or corporation having as interest in the real estate, including a mortgage or a lienholder, provides written notice to the owner or holder of the lien to file an action to foreclose the lien; and (2) the owner or holder of the lien fails to file an action to foreclose the lien in the county where the real estate is located within thirty (30) days after the date the owner or holder of the lien received the notice.
However, this section does not prevent the claim from being collected as other claims are collected by law. A person who gives notice by registered or certified mail to the owner or holder of the homeowners association lien at the address given in the recorded statement may file an affidavit of service of the notice to file an action to foreclose the lien with the recorder of the county in which the real estate is located. The affidavit must state the following:
- the facts of the notice;
- that more than thirty (30) days have passed since the notice was received by the owner or holder of the lien;
- that an action for foreclosure of the lien is not pending; and
- that an unsatisfied judgment has not been rendered on the lien.
The recorder shall record the affidavit of service in the miscellaneous record book of the recorder's office. When the recorder records the affidavit the real estate described in the homeowners association lien is released from the lien. An affidavit recorded must cross reference the lien. [IC 32-28-14-9]
- Strip Miner's Liens
All persons employed and working in and about the strip mines shall have a lien on said strip mine and all machinery and fixtures connected therewith, and everything used in and about the strip mine, for labor performed within a two (2) month time period preceding the lien. This lien is superior to, and has priority over all other liens, except the liens of the state taxes. These liens shall have priority, as against each other, in the order in which they accrued.
Any person desiring to acquire such lien, shall file in the recorder's office of the county where the mine is situated, within sixty (60) days from the time the payment became due, a notice of his intention to hold a lien upon such property for the amount of the claim. The notice shall include the amount of the claim and the name of the coal works, if known. The recorder shall record the notice, when presented, in a book used for recording mechanics' liens, for which the recorder shall receive a fee in accordance with IC 36-2-7-10. If the mine is located in more than one (1) county, said notice of intention to hold a lien may be filed in any county where any part of the mine is located.
Suits brought to enforce any lien created, shall be brought within one (1) year from the date of filing notice thereof in the recorder's office. All judgments rendered on the foreclosure of such liens shall include the amount of the claim found to be due together with the interest on same from the time due and a reasonable attorney's fees. The judgment shall be collected without relief from valuation, appraisement or state laws. [IC 32-28-10-2]
- Bankruptcy Proceedings
The county recorder shall record any certified copy of any matter in reference to bankruptcy, if federal law requires that the copy be filed in the county wherein lands of a bankrupt are situated in order to be notice of the bankruptcy. The certified copy shall be recorded in the Miscellaneous Records and shall be indexed in the same manner as deeds, in the name of the bankrupt as grantor, and in the name of the trustee in bankruptcy, or receiver (if any), as grantee. [IC 36-2-11-22]
- Federal Liens on Real Property
IC 36-2-11-25 applies to liens arising under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (commonly known as the Superfund Law) and any other federal lien on real property or any federal tax lien on personal property provided for in the statutes or regulations of the United States. In order for a lien to be perfected, notice of the lien must be filed in the office of the recorder of the county in which the real or personal property subject to the lien is located.
When a notice of this type of lien is presented to the recorder for filing, the recorder shall enter it appropriately in the entry book and in the miscellaneous record. The entries made must show the date of filing, the book and page number or instrument number, the name of the person named in the notice, a legal description of the property (if appropriate), and any serial number or other identifying number given in the notice.
When a certificate of discharge of a federal lien is issued by the proper officer and presented for filing in the office of the recorder of the county where the notice of lien was filed, the recorder shall record 2008 9-17 the certificate of discharge as a release of the lien. However, to be recorded, the certificate must refer to the recorder's book and page number or instrument number under which the lien was recorded.
When recording a release of a lien, the recorder shall inscribe, in the margin of each entry made to record the lien, a reference to the place where the release is recorded.
Upon the recording of the certificate of discharge as a release and the inscribing of the references to the release, a certificate of discharge of a lien operates as a full discharge and satisfaction of the lien, unless the references to the release inscribed specifically note the release as a partial lien release.
- Farm Names
Any owner of a farm in the State of Indiana may have the name of his farm, together with a description of his lands to which said name applies, recorded in a register kept for that purpose in the office of the county recorder of the county in which said farm is located, and such recorder, under the seal of his office, shall furnish to such landowner a proper certificate setting forth said name and a description of such lands. When any name shall have been recorded as the name of any farm in such county, such name shall not be recorded as the name of any other farm in the same county. [IC 36-2-11-17]
When any owner of a farm, the name of which has been recorded as provided in this act, transfers by deed or otherwise the whole of such farm, such transfer shall include the registered name thereof; but if the owner shall transfer only a portion of such farm, then, in that event, the registered name thereof shall not be transferred to the purchaser unless so stated in the deed of conveyance. [IC 36-2-11-17]
When any owner of a registered farm desires to cancel the registered name thereof, he shall state on the margin of the record of the register of such name the following: "This name is canceled and I hereby release all rights thereunder," which shall be signed by the owner, and attested by the county recorder. [IC 36-2-11-17]
- Partnership and Firm Names
Except as otherwise provided in IC 23-15-1-2:
- a person conducting or transacting business in Indiana under a name, designation, or title other than the real name of the person conducting or transacting such business;
- a corporation conducting business in Indiana under a name, designation, or title other than the name of the corporation as shown by its articles of incorporation;
- a foreign corporation conducting business in Indiana under a name, designation, or title other than the name of the foreign corporation as shown by its application for certificate of authority to transact business in Indiana;
- a limited partnership conducting business in Indiana under a name, designation, or title other than the name of the limited partnership as shown by its certificate of limited partnership;
- a foreign limited partnership conducting business in Indiana under a name, designation, or title other than the name of the limited partnership as shown by its application for registration;
- a limited liability company conducting business in Indiana under a name, designation, or title other than as shown by its articles of organization;
- a foreign limited liability company conducting business in Indiana under a name, designa-tion, or title other than the name of the limited liability company as shown by its application for registration;
- a limited liability partnership conducting business in Indiana under a name designation, or title other than the name of the limited liability partnership as shown by its application for registration; and
- a foreign limited liability partnership conducting business in Indiana under a name, designation, or title other than the name of the limited liability partnership as shown by its application for registration;
shall file for record, in the office of the recorder of each county in which a place of business or an office of the person, limited partnership, foreign limited partnership, limited liability company, foreign limited liability company, corporation, or foreign corporation is situated, a certificate stating the assumed name or names to be used, and, in the case of a person, the full name and address of the person engaged in or transacting business, or, in the case of a corporation, foreign corporation, limited liability company, foreign limited liability company, limited partnership, or foreign limited partnership, the full name and the address of the corporation's or limited partnership's principal office in Indiana.
The recorder shall keep a record of the certificates filed under this section and shall keep an index of the certificates showing, in alphabetical order, the names of the persons, the names of the partnerships, the names of the limited liability companies, the corporate names of the corporations having such certificates on file in the recorder's office, and the assumed name or names which they intend to use in carrying on their businesses as shown by the certificates.
Before the dissolution of any business for which a certificate is on file with the recorder, the person, limited liability company, partnership, or corporation to which the certificate appertains shall file a notice of dissolution for record in the recorder's office.
The county recorder shall charge a fee in accordance with IC 36-2-7-10 for each certificate, notice of dissolution, and notice of discontinuance of use filed with the recorder's office and recorded under this chapter. The funds received shall be receipted as county funds the same as other money received by the recorders.
A corporation, limited liability company, or limited partnership subject to this chapter shall, in addition to filing the certificate provided for, file with the secretary of state a copy of each certificate.
A person, partnership, limited liability company, or corporation that has filed a certificate of assumed business name may file a notice of a discontinuance of use of assumed business name or names with the Secretary of State and with the recorder's office in which the certificate was filed or transferred. The Secretary of State and the recorder shall keep a record of notices filed under this subsection.
A corporation or limited partnership, domestic or foreign, that is subject to this chapter and that does not have a place of business or an office in Indiana, shall file the certificate in the office of the recorder of the county where the corporation's or limited partnership's registered office is located. The certificate must state the assumed name or names to be used, the name of the registered agent, and the address of the registered office.
The Secretary of State shall collect the following fees when a copy of a certificate is filed with the Secretary of State:
- a fee of twenty dollars ($20) for an electronic filing; or a fee of thirty dollars ($30); from a corporation (other than a nonprofit corporation), limited liability company, or a limited partnership.
- a fee of ten dollars ($10) for an electronic filing; or a fee of twenty-six dollars ($26); from a nonprofit corporation. [IC 23-15-1-1]
- Articles of Incorporation
Domestic Corporations for Profit: Whenever any corporation amends its articles of incorporation to change its corporate name, it may, after such amendment has become effective, . . . file for record with the county recorder of each county in this state in which it shall have real property at the time the amendment becomes effective, a file-stamped copy of the articles of amendment. The validity of a change in name is not affected by a corporation's failure to record the articles of amendment. [IC 23-1-38-6]
- Trustees of Religious and Fraternal Organizations
At the first and every subsequent election of trustees of certain fraternal, religious, educational, scientific and benevolent organizations, enumerated in IC 23-10-2-1, it is required that a certificate of election of such trustees be deposited in the recorder's office of the county when real estate granted to such organization is situated, such certificate to be recorded by the county recorder among the records of deeds in his office. [IC 23-10-2-4]
Note: In General. Failure of the clerk to file the certificate as required by this section does not affect the election of the trustees or the validity of their acts. Roberts v. Hill (1894), 137 Ind. 215, 36 N.E. 843, Mendenhall v. First New Church Soc. (1912), 177 Ind. 336, 98 N.E. 57.
The failure of a lodge or society to file and have recorded a certificate showing the election of trustees does not affect the power of the society to acquire and hold property. Mendenhall v. First New Church Soc. (1912), 177 Ind. 336, 98 N.E. 57.
The purpose of this section is to enable the public to learn who are the official representatives of the organization, and the filing of the certificate is not a prerequisite to the exercise of the trustees' duties. Mendenhall v. First New Church Soc. (1912), Ind. 336, 98 N.E. 57.
- Official Bonds
Whenever in any political subdivision, as hereinafter defined, a bond for the faithful performance and discharge of duty is required of an elected or appointed officer, official, deputy or employee of such municipality, except the bonds of the county recorder, deputy or employee thereof, such bonds shall be filed and recorded in the office of the county recorder in the county of residence of such officer, official, deputy or employee. And the bonds of the county recorder, deputy or employee shall be filed and recorded in the office of the clerk of the circuit court as now provided by law. [IC 5-4-1-5.1]
Political subdivision has the meaning set forth in IC 36-1-2-13 and excludes any department or agency of the state. [IC 5-4-1-5.1]
That such bonds referred to in subsection (b) shall be filed within ten (10) days of issuance thereof or if approval is required within ten (10) days after the approval thereof by the person or persons required to approve such bonds. [IC 5-4-1-5.1]
IC 5-4-1-18 states:
- "Except as provided in subsection (b), the following city, town, county, or township officers and employees shall file an individual surety bond:
- City judges, controllers, clerks, and clerk-treasurers.
- Town judges and clerk-treasurers.
- Auditors, treasurers, recorders, surveyors, sheriffs, coroners, assessors, and clerks.
- Township trustees.
- Those employees directed to file an individual bond by the fiscal body of a city, town, or county.
- Township assessors (if any).
- The fiscal body of a city, town, county, or township may by ordinance authorize the purchase of a blanket bond or a crime insurance policy endorsed to include faithful performance to cover the faithful performance of all employees, commission members, and persons acting on behalf of the local government unit including those officers described in subsection (a).
- The fiscal bodies of the respective units shall fix the amount of the bond of city controllers, city clerk-treasurers, town clerk-treasurers, Barrett Law fund custodians, county treasurers, county sheriffs, circuit court clerks, township trustees, and conservancy district financial clerks as follows:
- The amount must equal fifteen thousand dollars ($15,000) for each one million dollars ($1,000,000) of receipts of the officer's office during the last complete fiscal year before the purchase of the bond, subject to subdivision (2).
- The amount may not be less than fifteen thousand dollars ($15,000) nor more than three hundred thousand dollars ($300,000).
County auditors shall file bonds in amounts of not less than fifteen thousand dollars ($15,000), as fixed by the fiscal body of the county. The amount of the bond of any other person required to file an individual bond shall be fixed by the fiscal body of the unit at not less than eight thousand five hundred dollars ($8,500).
- A controller of a solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal) shall file an individual surety bond in an amount:
- fixed by the board of directors of the solid waste management district; and
- that is at least fifteen thousand dollars ($15,000).
- Except as provided under subsection (d), a person who is required to file an individual surety bond by the board of directors of a solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal) shall file a bond in an amount fixed by the board of directors.
- In 1982 and every four (4) years after that, the state examiner shall review the bond amounts fixed under this section and report to the general assembly whether changes are necessary to ensure adequate and economical coverage.
- The commissioner of insurance shall prescribe the form of the bonds or crime policies required by this section, in consultation with the commission on public records under IC 5-15-5.1-6."
Note: IC 36-2-7-10 provides that no charge shall be made for filing and recording an official bond.
Amount Office Minimum Maximum Amount Fixed By Bond Approved By Indiana Code Reference County Officials County Auditor $15,000.00 (11) (12) (6)(1) County Treasurer (4) $15,000.00 $300,000.00 (11) (12) (6)(1) Clerk of the Circuit Court (4) $15,000.00 $300,000.00 (11) (12) (6)(1) County Sheriff (4) $15,000.00 $300,000.00 (11) (12) (6)(1) County Recorder $8,500.00 (11) (12) (6)(1) County Coroner $8,500.00 (11) (12) (6)(1) County Assessor $8,500.00 (11) (13) (6) Prosecuting Attorney $8,500.00 (24) (14) (24) Prosecuting Attorney Investigator $5,000.00 (25) (14) (25) County Surveyor $8,500.00 (11) (14) (6) County Superintendent of Schools $8,500.00 (11) (14) (6) County Superintendent of Schools -
Joint Service and Supply Fund
$8,500.00 (11) (14) (6) County Highway Supervisor $8,500.00 (11) (14) (6)(33) County Highway Engineer $8,500.00 (11) (14) (6)(34) County Home Superintendent $8,500.00 (11) (14) (6)(35) County Inspector of Weights
$8,500.00 (11) (14) (6)(32) Township Assessor $8,500.00 (16) (13) (6) Township Officials Township Trustee (4) $15,000.00 $300,000.00 (16) (13) (6) City Officials City Judge $8,500.00 (17) (18) (6) City Controller (4) $15,000.00 $300,000.00 (17) (18) (6) City Clerk $8,500.00 (17) (18) (6) City Clerk-Treasurer (4) $15,000.00 $300,000.00 (17) (18) (6) City Manager (Third-Class City) $8,500.00 (17) (18) (30) City Inspector of Weights
$8,500.00 (17) (18) (6)(31) Barrett Law Fund Custodian (4) $15,000.00 $300,000.00 (17)(2) (17)(2) (6)(32) All Other City Officers Except
Mayor and Common Council
(18) (6) Police Pension Secretary $8,500.00 (17) (18) (26) Utility Superintendent (27) (18) (27) Town Officials Town Clerk-Treasurer (4) $15,000.00 $300,000.00 (19) (19) (6) Town Manager (19) (19) (28) Town Marshal (19) (19) (6A) Deputy Town Marshal (19) (19) (29) Town Judges (19) (19) (6) Police Pension Secretary (17) (18) (26) Utility Superintendent (27) (18) (27) Conservancy District Officials Financial Clerk (4) $15,000.00 $300,000.00 (15) (15) (7) School Corporation Officials School Corporation Treasurer (20) (20) (8) School Corp. Deputy Treasurer (20) (20) (8) School Extra-Curricular Treasurer (5) (21) (21) (8A) Treasurer School Lunch Fund (20) (20) (8B) Treasurer School Text Book Fund (20) (20) (8B) Library Officials Treasurer (6) (22) (22) (9) Hospital Officials Executive Director (23) (23) (10) Treasurer $25,000.00 (23) (23) (10) Assistant Treasurer $25,000.00 (23) (23) (10) Blanket Bond (Employees) (23) (23) (10)
- Applies in all counties except Marion County. (Approved by Mayor of City of Indianapolis in Marion County.)
- If in a town - Town Council.
- Amount should equal $15,000.00 for each $1,000,000.00 of receipts for last complete fiscal year before purchase of bond.
- All Extra-Curricular Treasurers within the same school corporation may be covered by a single blanket position bond.
- Bond amount not specified in statute.
- IC 5-4-1-18;
- IC 5-4-1-8
- IC 5-4-1-18; 13-3-3-42; 14-33-5-18
- IC 20-26-4-5
- IC 20-41-1-6
- IC 20-41-2-6
- IC 36-12-2-22
- IC 16-22-2
- County Council
- County Commissioners
- County Auditor
- Clerk of the Circuit Court
- District Board of Directors
- Township Board
- City Council
- Town Council
- Board of School Trustees
- School Superintendent and Principal
- Library Board
- Hospital Board of Trustees
- IC 5-4-1-20
- IC 33-39-4-1
- IC 36-8-6-3
- IC 8-1.5-3-5
- IC 36-5-5-5
- IC 36-5-7-6
- IC 36-4-12-8
- IC 24-6-3-5
- IC 36-9-37-7
- IC 8-17-3-10
- IC 8-17-5-5
- IC 12-30-2-4
- "Except as provided in subsection (b), the following city, town, county, or township officers and employees shall file an individual surety bond:
- Copies of Records or Instruments
The county recorder shall charge and collect the fees prescribed in IC 36-2-7-10(b) for furnishing copies of records produced by a photographic process. He or she shall charge and collect in addition thereto five dollars ($5.00) for acknowledging or certifying to any such copies. [IC 36-2-7-10]
- Members of Armed Forces - Services and Discharge Papers
Certified Copies of Records to Veterans, Widows and Dependents: The state or any political subdivision shall provide upon request, without charge or fee, one (1) certified copy of a document or record if it is shown that the certified copy is necessary to secure benefits to members of the military service, honorably discharged veterans, or their surviving spouses or dependents, under any federal or state law. The state or a political subdivision may collect a charge per copy of not more than the amount specified by IC 36-2-7-10(b) if the person requests more than one (1) certified copy of the document or record. Funds so received shall be placed in the general fund of the state or county. For the purpose of this act the words "honorably discharged veterans " includes those persons placed on inactive duty under honorable conditions but not discharged from military service. [IC 10-17-3]
Recording Discharge Papers: For the purpose of providing a special and permanent record of discharges from any branch of the military service of the United States, of members of any branch of the service who are residents of Indiana, the county recorder shall procure a sufficiently large and well-bound book of good material in which he shall record all discharges. [IC 10-17-2-1]
Such book providing for the recording of discharges from the army, navy, or any other branch of the service, shall consist of printed forms in blank, similar to and in conformity with the wording of the forms of discharge used by the United States Government, the size of type being reduced to permit printing of the form of discharge on one (1) page of said record, and each book shall be provided with an alphabetical index. [IC 10-17-2-2]
No fee shall be collected for recording a discharge. The recorder shall immediately provide the discharged person with a certified copy of the discharge at no charge in accordance with IC 10-17-3-2. [IC 10-17-2-3]
A discharge record is not a public record under IC 5-14-3. A county recorder may provide a certified copy of a discharge record only to the following persons:
- The veteran who is the subject of the discharge record if the veteran provides photographic identification.
- A person who provides photographic identification that identifies the person as a county or city service officer.
- A person who provides photographic identification that identifies the person as an employee of the Indiana department of veterans' affairs.
- A person who:
- is a funeral director licensed under IC 25-15; and
- assists with the burial of the veteran who is the subject of the discharge record; if the person provides photographic identification and the person's funeral director license.
- If the veteran who is the subject of the discharge record is deceased, the spouse or next of kin of the deceased, if the spouse or next of kin provides photographic identification and a copy of the veteran's death certificate.
- The following persons under a court order, if the person provides photographic identification and a certified copy of the court order:
- The attorney in fact of the person who is the subject of the discharge record.
- The guardian of the person who is the subject of the discharge record.
- If the person who is the subject of the discharge record is deceased, the personal representative of the estate of the deceased.
As used in this section, "photographic identification" means an identification document that:
- shows the name of the individual to whom the document was issued;
- shows a photograph of the individual to whom the document was issued;
- includes an expiration date indicating that the document has not expired; and
- was issued by the United States or the state of Indiana.
To the extent technologically feasible, a county recorder shall take precautions to prevent the dis-closure of a discharge record filed with the county recorder before May 15, 2007. After May 14, 2007, a county recorder shall ensure that a discharge record filed with the county recorder is maintained in a separate, confidential, and secure file. Disclosure of a discharge record by the county recorder under this section is subjected to IC 5-214-3-10. [IC 10-17-2-4]
- Designation of Depository - Deposit of Funds
The recorder should check with the County Treasurer or the County Board of Finance to determine which depositories located within the county have been approved to receive public funds and then select the depository where he or she will place their funds.
When a depository has been designated, as provided by law, the recorder shall at once deposit all fees and funds in his custody to a checking account in such designated depository or with the county treasurer. All fees and funds subsequently received by the recorder in the conduct of the business of the office shall be deposited daily and may be withdrawn only on checks signed by the recorder or authorized deputy. [IC 5-13-6-1]
- Commission on Public Records
A commission is hereby created in each county of the state which shall be known as the county commission of public records of ____________ county. The county commission of public records shall consist, ex officio, of the judge of the circuit court, the president of the board of county commissioners, the county auditor, the clerk of the circuit court, the county recorder, the superintendent of schools of the school district in which the county seat is located and the city controller of the county seat city, and if there be no such city controller, then the clerk-treasurer of such county seat city or town shall be a member of such commission. The commission shall elect one (1) of its members to be chairman and the clerk of the circuit court shall be secretary. The members of the commission shall serve without compensation, and shall receive no disbursement for any expense. [IC 5-15-6-1]
It is the duty of the county commission to determine which public records are no longer of official or historical value, which public records are of current official value and should be retained in the office where they are required to be filed, which public records are of official value but are consulted and used so infrequently that they are no longer of appreciable value to the officer with whom they are filed, and which records are of no apparent value but which do have historical value. [IC 5-15-6-2]
All public records which, in the judgment of the commission, have no official or historical value, and which occupy space to no purpose in the offices and storerooms of the county, city, town, township, school corporation, or other political subdivision of such county, shall be destroyed or otherwise disposed of. No such records shall be destroyed until a period of at least three years shall have elapsed from the time when they were originally filed, and no public record shall be destroyed within a period of three years if the law provides that they shall be kept for a longer period of time, or if the law prohibits their destruction. No financial records or records relating thereto, shall be destroyed until the audit of such records by the State Board of Accounts has been completed, report filed and any exceptions set out in such report satisfied or the records have been copied or reproduced as described in subsection (e). [IC 5-15-6-3]
The law prescribes the duties and empowers the commission to determine in writing what records may be transferred to the archives of the state library and what records may be destroyed.
Microfilming - Destruction of Old Records: IC 5-15-1-1 authorizes the copying or reproducing of records by any photostatic, photographic or miniature photographic (microfilm) process, and when so copied or reproduced, authorizes certain old records to be destroyed or otherwise disposed of. No original filing records may be destroyed or otherwise disposed of, however, until and unless the record has been copied or is capable of being reproduced or recreated in accordance with the above stated law. No records shall be destroyed or otherwise disposed of without approval of the county commission of public records. The full text of this law will be found in the statute cited.
Note: Extensive information concerning all county records may be found in IC 36-2-17.
- Oil and Gas Leases
All leases for oil and gas entered of record in this state are void after a period of one (1) year has elapsed since the last payment of rentals thereon as stipulated for in the lease or contract, or since operation for oil or gas has ceased, both by the nonproduction of oil or gas and the nondevelopment of the lease, and, upon the written request of the owner of such lands, accompanied with the affidavit of the owner, stating that no rentals have been paid or received by the owner or any person, bank or corporation in the owners behalf for a period of one (1) year after they have become due, and that the leases and contracts have not been operated for the production of oil or gas for one (1) year. The recorder of the county in which such real estate is situated shall certify upon the face of the record that such leases and contracts are invalid and void by reason of nonpayment of rentals and are thereby canceled of record. The request and affidavit shall be recorded in the miscellaneous records of the recorder's office. If, at any time subsequent to the cancellation of said lease and contract and within the term provided for in said lease or contract, the lessee submits to the recorder a receipt or a canceled check, or an affidavit, showing that such rental has been paid, or an affidavit that said lease has been operated within a period of one (1) year prior to cancellation, and that the affidavit of the lessor is false or fraudulent, the cancellation is void, and the recorder shall so certify at the place where the cancellation of the lease and contract has been entered. The owner of any lease canceled by any county recorder, as herein provided, may take an appeal from the order and record of cancellation of the county recorder to the circuit court of the county in which the land is located, within six (6) months from the date of such cancellation of any such lease. [IC 32-23-8-1 through IC 32-23-8-4]
For attesting to the release, partial release or assignment of an oil or gas lease on the record for each oil or gas lease, the recorder shall charge a fee in accordance with the fee schedule established in IC 36-2-7-10.
- Hospital Liens
IC 32-33-4-4 permits hospitals to file for record a verified statement in writing to perfect a lien. This statement shall be filed in the county in which the hospital is located within one-hundred eighty (180) days after the person is discharged. IC 32-33-4-4 sets out what the verified statement shall include.
The recorder shall endorse on the statement filed the date and hour of filing and shall charge a fee for filing the statement in accordance with the fee schedule established in IC 36-2-7-10.
To release a hospital lien the hospital shall file an executed certificate with the recorder. The recorder shall enter in the margin of the record of the lien and the entry book a memorandum of the filing and the date the certificate was filed. This entry constitutes a release of lien for which the recorder shall receive the fee prescribed in IC 36-2-7-10.