Public-domain · open source
OpenJurist

Ind. Code § 32-29-1-5

Form; mortgage

Applied in 2 court decisions — leading case SPCP Group, L.L.C. v. Dolson, Inc. (2010)

Most recently applied in Drake Investments, LTD and Paul D. Huntley v. Peter Ballatan (mem. dec.) (August 2019)

As added by P.L.2-2002, SEC.14.

Sec. 5. A mortgage of land that is:

(1) worded in substance as "A.B. mortgages and warrants to C.D." (here describe the premises) "to secure the repayment of" (here recite the sum for which the mortgage is granted, or the notes or other evidences of debt, or a description of the debt sought to be secured, and the date of the repayment); and

(2) dated and signed, sealed, and acknowledged by the grantor;

is a good and sufficient mortgage to the grantee and the grantee's heirs, assigns, executors, and administrators, with warranty from the grantor (as defined in IC 32-17-1-1) and the grantor's legal representatives of perfect title in the grantor and against all previous encumbrances. However, if in the mortgage form the words "and warrant" are omitted, the mortgage is good but without warranty.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.