Ind. Code ch. 32-21-4

in effect

Ind. Code § 32-21-4-0.5 Legislative findings

Sec. 0.5. For purposes of section 1 of this chapter, the general assembly makes the following findings: (1) It is in the public interest for any conveyance, as defined in section 1(a) of this chapter, and any mortgage recorded in the office of an Indiana county recorder to not be attacked due to technical deficiencies. (2) The ability to rely upon documents indexed and recorded in the public land records of an Indiana county recorder provides stability to the ownership of Indiana real property and to Indiana's statewide and local real estate economies. (3) Making or keeping these subsections in section 1 of this chapter retroactive will not upset any vested substantive rights, liabilities, or duties. (4) This section is intended to express the original legislative intent of section 1 of this chapter more clearly. As added by P.L.2-2021, SEC.4. Amended by P.L.9-2022, SEC.67.

Ind. Code § 32-21-4-1 Conveyances and mortgages; recording in county where located; priority of documents

Sec. 1. (a) As used in this section, "conveyance" means an electronic document as defined in IC 32-21-2.5-3 or a paper document as defined in IC 32-21-2.5-8(a) that is: (1) a deed or other instrument concerning land or an interest in land, except a last will and testament; (2) a lease or memorandum of lease for a term exceeding three (3) years; (3) a transfer on death deed as defined under IC 32-17-14-3(16) or an affidavit pursuant to IC 32-17-14-26(b)(20); or (4) a land contract or a memorandum of land contract for the sale and purchase of land. (b) A conveyance or mortgage must be recorded in the recorder's office in the county where the land is located. (c) A conveyance or mortgage takes priority according to the time of its recording. The conveyance or mortgage is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser's, lessee's, or mortgagee's deed, mortgage, or lease is first recorded. (d) This subsection applies regardless of when an instrument is recorded. If: (1) an instrument is recorded; and (2) the instrument: (A) does not comply with the requirements of: (i) IC 32-21-2-3, including whether there was both an acknowledgment and proof on the instrument; or (ii) IC 32-21-2-7; (B) does not comply with the technical requirements of IC 36-2-11-16(c); (C) was executed and included an acknowledgment executed pursuant to the terms of any executive order issued by the governor or an order of the supreme court; or (D) was recorded and indexed by a county recorder as an electronic record (as defined in IC 26-2-8-102); the instrument is validly recorded and provides constructive notice of the contents of the instrument as of the date of recording. [Pre-2002 Recodification Citation: 32-1-2-16.] As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.81; P.L.135-2007, SEC.2; P.L.129-2008, SEC.1; P.L.94-2014, SEC.5; P.L.236-2015, SEC.7; P.L.2-2021, SEC.5.

Ind. Code § 32-21-4-2 Assignment, mortgage, or pledge of rents and profits as security; recording; immediate perfection

Sec. 2. (a) This section applies to an instrument regardless of when the instrument was recorded, except that this section does not divest rights that vested before May 1, 1993. (b) An assignment, a mortgage, or a pledge of rents and profits arising from real estate that is intended as security, whether contained in a separate instrument or otherwise, must be recorded under section 1 of this chapter. (c) When an assignment, a mortgage, or a pledge of rents and profits is recorded under subsection (b), the security interest of the assignee, mortgagee, or pledgee is immediately perfected as to the assignor, mortgagor, pledgor, and any third parties: (1) regardless of whether the assignment, mortgage, or pledge is operative: (A) immediately; (B) upon the occurrence of a default; or (C) under any other circumstances; and (2) without the holder of the security interest taking any further action. (d) This section does not apply to security interests in: (1) farm products; (2) accounts or general intangibles arising from or relating to the sale of farm products by a farmer; (3) timber to be cut; or (4) minerals or the like (including oil and gas); that may be perfected under IC 26-1-9.1. [Pre-2002 Recodification Citation: 32-1-2-16.3.] As added by P.L.2-2002, SEC.6.

Ind. Code § 32-21-4-3 Instrument of defeasance

Sec. 3. (a) This section applies when a deed: (1) purports to contain an absolute conveyance of any estate in land; and (2) is made or intended to be made defeasible by: (A) a deed of defeasance; (B) a bond; or (C) another instrument. (b) The original conveyance is not defeated or affected against any person other than the maker of the defeasance, the heirs or devisees of the maker of the defeasance, or persons having actual notice of the defeasance unless the instrument of defeasance is: (1) a deed of defeasance or bond that is recorded in the manner provided by law within ninety (90) days after the date of the deed; or (2) another instrument that: (A) is in a form required by the deed; (B) contains an accurate legal description of the estate in land; (C) is dated; (D) has been acknowledged before a notary public; (E) has been made for consideration; and (F) is recorded in the manner provided by law within ninety (90) days after the date of the deed. [Pre-2002 Recodification Citation: 32-1-2-17.] As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.82; P.L.156-2005, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026