County Recorder

• Records any instrument submitted for recording, providing it meets essential requirements.
• Makes all recorded documents a matter of public record.
• Files Uniform Commercial Code Instruments.
• Supplies copies of any instrument and certifies to those recorded upon request.
• Provides public access to all recorded documents.

The county recorder’s function is to maintain permanent public records involving a wide variety of instruments. These documents detail transactions involving real estate, mining, personal property, mortgages, liens, leases, subdivision plats, military discharges, personal bonds, etc.

Generally, all of these instruments are recorded either for giving legal public notice of their existence or for safekeeping and future reference. The recorder maintains and preserves all legal documents affecting title to real property. These records are the legal basis for determining ownership. The degree with which the recorder fulfills his or her responsibilities ultimately forms the legal foundation for the institution of private property. The recorder is a member of the county commission on public records, which has authority over the preservation or disposition of all public records maintained by the county. (Generally see IC 36-2-11 for the duties of the county recorder).

 Where can I find document forms?

Document forms such as: Warranty Deed, Quit Claim Deed, Land Contract or Mechanics Lien are not available at recorder’s office however they can be found in office supply stores such as Staples, Office Max or in La Porte Kemps Office City.

WARRANTY DEED, a warranty deed is a type of deed where the grantor guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee, in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds title to a piece of real estate.

QUITCLAIM DEED, a quitclaim deed is a legal instrument that is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee.

LAND CONTRACT, A land contract is a contract between the buyer and seller of real property in which the seller provides the buyer financing in the purchase, and the buyer repays the resulting loan in installments.

MECHANICS LIEN, a mechanic’s lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property.

      12 STEP CHECK LIST FOR RECORDINGS

1. Check that the document is complete. Example: If the document states an “exhibit” check to see if there is one. That the legal is complete and in the correct county.
2. Document must be legible, has been printed, typewritten or computer generated. Black ink is required.
3. See that the names on the document appear the same throughout the document.
4. If it is a document which should contain a legal description, that there is one attached.
5. If a deed is submitted, check to see if it contains a tax mailing address and grantees address, no PO Box.
6. Check the document for correct notarization; that the Notary has met his/hers requirements such as Notary’s name printed, typed or stamped under signature, Notary’s county of residence is present. Notary’s commission expiration date is provided. A seal is required, per state, on document whether it be a stamp or an embossed impression.
7. Documents that have been notarized in the State of Indiana must contain a “Prepared By” statement with the name of the preparer typed or printed at the end of the statement. Must be a person’s name, not the company’s name.
8. That each document contains the “Affirmation Statement” (redaction), A name is required at the end of the statement. Again, name must be typed or printed. This applies to all documents that require a “Prepared By” statement. See IC 36-2-11-
9. If the document is a “COPY” that it is marked a “COPY” and meets all recording requirements to be recorded.
10. Make sure a reference is present on documents that require one. Example: Releases, assignments and easements.
11. You have enough funds to cover the recording fees. See fee schedule.
12. Any cross reference must be on first page.