Indiana § 32-21-2-16 - Cross-reference to a previously recorded document; exceptions

§ 32-21-2-16. Cross-reference to a previously recorded document; exceptions

Sec. 16. (a) A county recorder shall include a cross-reference concerning a previously recorded document if:

(1) the person presenting the document for recording has made a request to the county recorder for a cross-reference between the document being recorded and a previously recorded document; and

(2) the front page of the document to be recorded contains a cross-reference to a previously recorded document.

(b) The requirements of subsection (a) do not apply to the following:

(1) A reference required in an affidavit under IC 29-1-7-23 to a previously recorded deed or other instrument.

(2) A reference required in a document under IC 30-5-3-3 to a previously recorded power of attorney.

(3) A reference required in an affidavit under IC 32-17-14-26 to a previously recorded transfer on death deed.

(4) A reference required in an easement under IC 32-23-2-5 to a recorded plat or a recorded deed of record.

(5) A reference required in an affidavit of service of notice under IC 32-28-13-7 to a statement of intention to hold a common law lien.

(6) A reference required in an affidavit of service of notice under IC 32-28-14-9 to a homeowners association lien.

(7) A reference required in a document under a statute or county ordinance to a previously recorded document.

As added by P.L.99-2024, SEC.22.

IC 32-21-2.5Chapter 2.5. Uniform Real Property Electronic Recording Act

32-21-2.5-1"Document" 32-21-2.5-2"Electronic" 32-21-2.5-3"Electronic document" 32-21-2.5-4"Electronic signature" 32-21-2.5-5"Person" 32-21-2.5-6"State" 32-21-2.5-7Certain legal requirements satisfied by electronic document, electronic signature 32-21-2.5-8"Paper document"; use of electronic documents; electronic payment of fees; cooperation with other jurisdictions 32-21-2.5-8"Paper document"; use of electronic documents; electronic payment of fees; cooperation with other jurisdictions 32-21-2.5-9Electronic recording commission; adoption of standards before January 1, 2018 32-21-2.5-9Repealed 32-21-2.5-10Applying and construing chapter 32-21-2.5-11Effect on Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) 32-21-2.5-12Recording a copy of an electronic record

IC 32-21-2.5-1"Document" Sec. 1. As used in this chapter, "document" or "documents" means an electronic record (as defined in IC 26-2-8-102) or information that is:

(1) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(2) eligible to be recorded in the land records maintained by a county recorder.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.45.

IC 32-21-2.5-2"Electronic" Sec. 2. As used in this chapter, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

As added by P.L.127-2017, SEC.8.

IC 32-21-2.5-3"Electronic document" Sec. 3. As used in this chapter, "electronic document" means a document that is received by a county recorder in an electronic form.

As added by P.L.127-2017, SEC.8.

IC 32-21-2.5-4"Electronic signature" Sec. 4. As used in this chapter, "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

As added by P.L.127-2017, SEC.8.

IC 32-21-2.5-5"Person" Sec. 5. As used in this chapter, "person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or a governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

As added by P.L.127-2017, SEC.8.

IC 32-21-2.5-6"State" Sec. 6. As used in this chapter, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

As added by P.L.127-2017, SEC.8.

IC 32-21-2.5-7Certain legal requirements satisfied by electronic document, electronic signature Sec. 7. (a) If a law requires, as a condition for recording, that a document:

(1) be an original;

(2) be on paper or another tangible medium; or

(3) be in writing;

the requirement is satisfied by an electronic document that satisfies this chapter, IC 32-21-2, IC 36-2-11, and the notarial act requirements set forth under IC 33-42 for an acknowledgment as defined under IC 33-42-0.5-2 or for a proof as defined under IC 32-21-2-1.7.

(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

(c) If a law requires, as a condition for recording, that a document or a signature associated with a document be notarized, the requirement is satisfied if the electronic document:

(1) has an electronic signature; and

(2) complies with IC 32-21-2-3.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.46.

IC 32-21-2.5-8"Paper document"; use of electronic documents; electronic payment of fees; cooperation with other jurisdictions Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 8. (a) As used in this section, "paper document" or "paper documents" means a tangible record that is received by a county recorder in a form that is not electronic.

(b) A county recorder shall receive for recording, indexing, storage, archiving, access to, searching of, retrieval, and transmittal all electronic documents proper for recording. A county recorder shall also accept electronically any fee or tax that the county recorder is authorized to collect under applicable laws. A county recorder shall implement the processing of electronic documents proper for recording in compliance with:

(1) this article;

(2) IC 33-42;

(3) IC 36-2-7.5;

(4) IC 36-2-11; and

(5) IC 36-2-13;

and the standards adopted by the electronic recording commission created under section 9 of this chapter.

(c) This section does not apply to the following documents:

(1) A military discharge under IC 10-17-2.

(2) A survey of real property.

(3) A plat of real property.

(4) A document containing the identifying information of a participant in the address confidentiality program under IC 5-26.5.

(d) A recorder who accepts electronic documents for recording shall:

(1) continue to accept paper documents as authorized by state law; and

(2) place entries for paper documents and electronic documents in the same index.

(e) A recorder who accepts electronic documents for recording may:

(1) convert paper documents accepted for recording into electronic form;

(2) convert into electronic form information recorded before the county recorder began to accept and index electronic documents; or

(3) agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.47; P.L.26-2022, SEC.5; P.L.13-2026, SEC.1.

IC 32-21-2.5-8"Paper document"; use of electronic documents; electronic payment of fees; cooperation with other jurisdictions Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 8. (a) As used in this section, "paper document" or "paper documents" means a tangible record that is received by a county recorder in a form that is not electronic.

(b) A county recorder shall receive for recording, indexing, storage, archiving, access to, searching of, retrieval, and transmittal all electronic documents proper for recording. A county recorder shall also accept electronically any fee or tax that the county recorder is authorized to collect under applicable laws. A county recorder shall implement the processing of electronic documents proper for recording in compliance with:

(1) this article;

(2) IC 33-42;

(3) IC 36-2-7.5;

(4) IC 36-2-11; and

(5) IC 36-2-13;

and the standards adopted by the electronic recording commission created under section 9 of this chapter (before its repeal).

(c) This section does not apply to the following documents:

(1) A military discharge under IC 10-17-2.

(2) A survey of real property.

(3) A plat of real property.

(4) A document containing the identifying information of a participant in the address confidentiality program under IC 5-26.5.

(d) A recorder who accepts electronic documents for recording shall:

(1) continue to accept paper documents as authorized by state law; and

(2) place entries for paper documents and electronic documents in the same index.

(e) A recorder who accepts electronic documents for recording may:

(1) convert paper documents accepted for recording into electronic form;

(2) convert into electronic form information recorded before the county recorder began to accept and index electronic documents; or

(3) agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.47; P.L.26-2022, SEC.5; P.L.13-2026, SEC.1; P.L.152-2026, SEC.474.

IC 32-21-2.5-9Electronic recording commission; adoption of standards before January 1, 2018 Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027.

Sec. 9. (a) The electronic recording commission is established to adopt standards to implement this chapter before January 1, 2018. The commission consists of the following five (5) members appointed by the governor:

(1) Three (3) members must be county recorders.

(2) One (1) member must be employed in Indiana in the banking or mortgage lending industry.

(3) One (1) member must be employed in Indiana in the land title industry.

(b) To keep the standards and practices of county recorders in Indiana in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this chapter and to keep the technology used by county recorders in Indiana compatible with technology used by recording offices in other jurisdictions that enact substantially this chapter, the electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing standards shall consider:

(1) standards and practices of other jurisdictions;

(2) the most recent standards promulgated by national standard setting bodies, such as the Property Records Industry Association (PRIA);

(3) the views of interested persons and governmental officials and entities;

(4) the needs of counties of varying size, population, and resources; and

(5) standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

As added by P.L.127-2017, SEC.8.

IC 32-21-2.5-9Repealed Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

As added by P.L.127-2017, SEC.8. Repealed by P.L.152-2026, SEC.475.

IC 32-21-2.5-10Applying and construing chapter Sec. 10. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to this article, the Uniform Electronic Transactions Act under IC 26-2-8, IC 33-42, IC 36-2-7.5, and IC 36-2-11, as well as similar laws enacted in other states.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.48.

IC 32-21-2.5-11Effect on Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) Sec. 11. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. 7003(b)).

As added by P.L.127-2017, SEC.8.

IC 32-21-2.5-12Recording a copy of an electronic record Sec. 12. (a) The recorder shall record a paper or tangible copy of an electronic record (as defined in IC 26-2-8-102) that is otherwise eligible under Indiana law to be recorded if the paper or tangible copy of the electronic record:

(1) contains an image of an electronic signature or signatures;

(2) contains an acknowledgment or proof as required by IC 32-21-2-3; and

(3) has been certified by a notarial officer, as described in IC 33-42-9-7(a), to be a true and correct copy of the electronic record as provided in subsection (c).

(b) A printed document that is a paper or tangible copy of an electronic record and certified to be a true and correct copy as described in subsection (c) satisfies any requirement of law that, as a condition for recording, requires the printed document to:

(1) be an original or be in writing;

(2) be signed or contain an original signature if the document contains an electronic signature of the person required to sign the document; and

(3) have an acknowledgment or proof according to Indiana law if the document contains an electronic signature of the notarial officer authorized to perform that act and all other information required to be included.

(c) A notarial officer who makes an acknowledgment or proof under IC 32-21 or IC 33-42 may certify that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:

(1) executing and attaching the notarial officer's official seal to a tangible paper certificate; or

(2) affixing or attaching the certificate to the paper or tangible copy of an electronic record.

(d) The form of the certificate required under subsection (c) must be substantially as follows:

"State of __________

County of __________

I certify that the foregoing and attached document entitled __________ (insert document title), dated __________ (insert document date) and containing _____ pages, is a true and correct copy of an electronic record printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the electronic record's creation or execution.

Signed this _____ day of _____, _____

__________ (signature of notarial officer)

__________ (printed name of notarial officer)

__________ (include notarial officer's commission number, official seal, commission county of residence or employment, and commission expiration date as required by applicable law).".

As added by P.L.185-2021, SEC.49.

IC 32-21-3Chapter 3. Effect of Recording

32-21-3-1"Conveyance" 32-21-3-2"Grantor" 32-21-3-2.5"Proof" 32-21-3-3Conveyances requiring recording 32-21-3-4Letters of attorney; executory contracts and memoranda of contracts for sale, purchase, or lease of land; effect of recording