Detailed Answer
Verifying every individual with an interest in Indiana real property ensures clear title and prevents future disputes. Indiana law emphasizes proper identification, capacity, and acknowledgment before recording. Key steps include:
- Review the Conveyance Instrument: Obtain a certified copy of the deed, mortgage, easement, or trust document. Confirm it names all grantors, grantees, trustees, or beneficiaries.
- Confirm Identity: Each individual must present a government-issued photo ID (e.g., driver’s license or passport). Title companies and county recorders rely on this to match the name on the document to the person signing.
- Check Capacity and Status: For married individuals, verify marital status and property regime. Present a certified marriage certificate or a divorce decree if marital status changed. If a party is deceased, obtain a certified death certificate and letters testamentary or administration.
- Notarize and Acknowledge Signatures: Indiana Code §32-21-1-2 requires that deeds and other conveyance instruments be acknowledged before a notary public or other authorized officer. The acknowledgment must follow the statutory form under Indiana Code §32-21-2-2 (IC 32-21-2-2, IC 32-21-1-2).
- Corporate and Trust Entities: If an entity holds an interest, provide a certified corporate resolution or trust certification confirming the signatory’s authority. Attach articles of incorporation, bylaws, or trust agreements as needed.
- Power of Attorney: When an agent signs on behalf of a principal, record a notarized power of attorney that expressly authorizes real estate conveyance. Ensure the power of attorney remains valid and complies with Indiana Code §30-5.
- Record the Instrument: Submit the acknowledged instrument and supporting documentation to the county recorder’s office. The county recorder reviews identity, acknowledgment form, and statutory fees before recording.
Following these steps satisfies Indiana’s recording statutes and protects all parties’ interests. Title insurers use the same documentation to issue policies that guarantee marketable title.
Helpful Hints
- Contact your county recorder’s office to confirm local recording fees and any county-specific requirements.
- Obtain certified copies directly from issuing courts or agencies to avoid delays.
- Retain all original documents and a complete indexed copy of the recorded instrument for your records.
- Use a title professional to perform a title search and uncover hidden liens or easements.
- Review post-closing survey or boundary reports to catch potential encroachments.
Disclaimer: This article is for general information and educational purposes only. It does not provide legal advice. Consult a qualified Indiana real estate attorney to address your specific situation.