Essential Recording Requirements
IMPORTANT NOTE: Governor Eric Holcomb signed HB1056 on February 18th, 2021, ending the requirement of BOTH a notarial acknowledgment AND a witness proof to record a document. Commencing immediately, either a notarial acknowledgment OR a witness proof will be required to record documents in the State of Indiana. By state law we will NOT require both. The bill passed with broad, bipartisan support. It is effective immediately and provides protection for any documents recorded between July 1, 2020 and today that did not contain two notarial acts. Please consult your underwriter for further instruction.
The following Recording Requirements can also be downloaded in print version HERE.
Recording Form & Legibility Statutes
- Legibility of Documents submitted for recording: “the document or copy will produce a clear and unobstructed copy” (IC 36-2-11-16 (e)(2);
- Legibility of Names: Typed or printed under each signature exactly as signed. (IC 36-2-11-16) (c)(1-4);
- Margin Requirements: First and last pages must have a minimum 2" margin on top & bottom, and ½" on each side. Interior pages must have a minimum of ½" margin all around. (IC 36-2-11-16.5);
- Name of Person Preparing Instrument: Each document must have the name of person who prepared the document (IC 36-2-11-15c);
- Social Security Redaction: A document may not be submitted for recording if the document contains the Social Security number of an individual, unless required by law. (IC 36-2-7.5-4);
- Affirmation statement: Required on all relevant documents, acknowledged in the State of Indiana at the conclusion of the document with this prepared by statement. "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law." (Sign, Print or Stamp “Name”) (IC 36-2-11-15d);
- Grantee physical address: Required on all conveyances of real property. (IC 32-21-2-3b);
- Acknowledgement: To entitle any conveyance, mortgage, or instrument of writing to be recorded. (IC 32-21-2-3);
- Notarized Documents: Requires county residence of notary, seal, commission expiration date, and printed name under signature. (IC 36-2-11-16c3);
- Sales Disclosure Forms: Endorsement by County Assessor prior to recording any conveyance document. (IC 6-1.1-5.5-6b);
- Transfer of Deeds of Taxation: Endorsement by County Auditor prior to recording any conveyance document. (IC 36-2-11-14 & IC 6-1.1-5.5-6b);
- Release of Satisfaction of Liens: Shall be executed by the owner, holder or custodian of said lien. (IC 32-28-1-1b).
Effective July 1, 2006, new legislation was implemented regarding the recording of instruments. This legislation pertains to reviewing documents presented for recording. Responsibilities of the preparer or reviewer prior to recording:
- A document may not be submitted to the County Recorder for recording or filing that contains a Social Security number unless required by law. (IC 36-2-7.5-4);
- The preparer must make the statement required by IC 36-2-11-15(c), identifying the name of the preparer on all instruments not exempted under (IC 36-2-11-15(a)).
The following documents are exempt from the above requirement:
- 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;
- a federal liens or federal tax liens; or
- Military discharges (DD214) per IC 10-17-2.
Two-Inch Margins Required On All Documents
The Porter County Recorder's Office enforces the 2-inch margin rule without exception. To remind you of the statutory origin of the 2-inch rule, we have included below for your convenience the text of the appropriate piece of Indiana Code, which became effective January 10, 2000 (IC 36-2-11-16.5):
- Documents must be prepared in 10-point, black type on white paper of at least 20# weight;
- Documents will not be in continuous form or permanently bound;
- First and last pages must have a minimum 2" margin on top & bottom, and ½" on each side;
- Interior pages must have a minimum of ½" margin all around;
- No Blanket or Multi-transactional documents are accepted
The above regulations do not apply to the following documents:
- An instrument executed or acknowledged outside Indiana;
- A judgment, court order or writ of Court;
- A will or death certificate;
- A plat or survey
- Military discharges (DD214) per IC 10-17-2.
If you have questions about recording requirements that are not included above, GO HERE to complete and submit your question online and our staff will make every effort to respond to you in one business day.