Essential Recording Requirements

All instruments must meet recording form and legibility statutes. All non-conforming documents will be assess a $1 surcharge per page in accordance with Indiana code 36-11-16.5. No legal advice or opinions will be given by the Recorder's staff either in person or by telephone. Original documents will be mailed back only if a self addresses stamped envelope is provided.

Acknowledgements

To entitle any conveyance, mortgage, or instrument of writing to be recorded.

Legibility of Names

Typed or printed under each signature exactly as signed and typed in the document.

Name of Person Preparing Instrument

Each document effecting real estate executed or acknowledged in the State of Indiana and at the conclusion of the document (see IC 36-2-11-15 for exceptions)
 

Notarized Documents

Requires county of residence of notary and commission expiration and seal

Transfer of Deeds for Taxation

Endorsement by Auditor before recording.

Release of Satisfaction of Liens

May be executed by President, Vice-President, Cashier, Secretary, Treasurer, General Manager or Attorney in Fact only.

Affirmation Statement

Affirmation statement required on all documents executed or acknowledged in the State of Indiana at the conclusion of the document with the 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 (see IC 36-2-11-15 for exceptions.)

General Recording Requirement Code

To review the Indiana Code visit the Indiana General Assembly site to search for a code:

• IC 32-21-2-3 Acknowledgment
• IC 32-21-2-3(b) All Grantee's addresses on conveyance requirement
• IC 36-2-11-16 Names printed or typed under signature
• IC 36-2-11-15(c) Prepared by (amended effective July 1, 2007)
• IC 26-2-11-15(d) Affirmation statement & placement (July 1, 2007)
• IC 36-2-11-14 Auditor’s Stamp
• IC 36-2-11-12 Index/Legal description
• IC 36-2-7.5  Recording Documents with Social Security Number IC 36-2-11-26
• IC 6-1.1-5.5-3 Filing of Sales Disclosure with County Assessor

Common Reason for the Rejection of the Documents for Recording

• Acknowledgement missing
• All Grantee's mailing addresses (street or rural route) not on document of conveyance
• Auditor's stamp is missing
• Cross reference number or book and page to original document is missing
• Document is not totally legible (IC 36-2-11-16)
• Prepared by and affirmation statement missing or not at conclusion of the document
• Document releases or assigns more than one document (blanket documents)
• Incorrect recording fees
• Legal description missing or incomplete
• Names not appearing the same throughout the document IC 36-2-11-16
  Company / Corporation names are included in this rule
• Names not typed or printed identically beneath the signatures
• Name of person preparing the document is missing (Exception: documents prepared outside the State of Indiana)
• Name of company and/or title of officer missing at signature
• No document date
• Notary information is missing or incomplete (Example: county of residence or commission expiration date missing)
• Real estate is not in St Joseph County
• Recorded instrument number of a Power of Attorney must be listed on a document that is being recorded and signed by the attorney-in-fact
• Recording of court documents must have the judge's signature and be filed stamped by the County Clerk
• Signature missing or not an original signature