Document Types Recorded




Affidavits
Articles of Incorporation
Amendments/Modifications
Annexations
Assignments
Assumed Business Names
Bonds
Cemetery Deeds 
Condominiums
Court Orders
Covenants
Deeds
Delinquent Sewer Liens
Easements
Environmental Disclosures
Federal Tax Liens/Releases
Final Decrees
Liens





Lis Pendens
Mechanics Liens/Releases
Military Discharges
Mortgages
Orders to Comply
Ordinances
Partial Releases
Plats
Powers of Attorney
Real Estate Contracts
Releases
Sewer Liens/Releases
State Highway Right of Way Surveys
Trusts
Trustee Elections
UCC filings 
Miscellaneous

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