Ind. Code § 32-21-4-1
Conveyances and mortgages; recording in county where located; priority of documents
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 1. (a) The following must be recorded in the recorder's office of the county where the land is situated:
(1) A conveyance or mortgage of land or of any interest in land.
Sec. 1. (a) As used in this section, "conveyance" means an electronic document as defined in IC 32-21-2.5-3 or a paper document as defined in IC 32-21-2.5-8(a) that is:
(1) a deed or other instrument concerning land or an interest in land, except a last will and testament;
(2) A lease for more than three (3) years.
(2) a lease or memorandum of lease for a term exceeding three (3) years;
(3) a transfer on death deed as defined under IC 32-17-14-3(16) or an affidavit pursuant to IC 32-17-14-26(b)(20); or
(4) a land contract or a memorandum of land contract for the sale and purchase of land.
(b) A conveyance or mortgage must be recorded in the recorder's office in the county where the land is located.
(c) A conveyance or mortgage takes priority according to the time of its recording. The conveyance or mortgage is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser's, lessee's, or mortgagee's deed, mortgage, or lease is first recorded.
(d) This subsection applies regardless of when an instrument is recorded. If:
(1) an instrument referred to in subsection (a) is recorded; and
(1) an instrument is recorded; and
(2) the instrument does not comply with the: (A) requirements of: (i) IC 32-21-2-3; or (ii) IC 32-21-2-7; or (B) technical requirements of IC 36-2-11-16(c); the instrument is validly recorded and provides constructive notice of the contents of the instrument as of the date of filing.
(2) the instrument: (A) does not comply with the requirements of: (i) IC 32-21-2-3, including whether there was both an acknowledgment and proof on the instrument; or (ii) IC 32-21-2-7; (B) does not comply with the technical requirements of IC 36-2-11-16(c); (C) was executed and included an acknowledgment executed pursuant to the terms of any executive order issued by the governor or an order of the supreme court; or (D) was recorded and indexed by a county recorder as an electronic record (as defined in IC 26-2-8-102); the instrument is validly recorded and provides constructive notice of the contents of the instrument as of the date of recording.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.