July 1 Marks Big Change for Real Estate Recording Requirements

06.30.2020

During the short session of the Indiana Legislature held earlier this year, the Senate made a small change that is going to have a big impact on real estate transactions beginning July 1, 2020.

Indiana Senate Enrolled Act 340 changed Indiana Code 32-21-2-3(a) by replacing “or” with “and”. And, this three-letter change has some pretty big ramifications for escrow and title operations in Indiana.

What does it mean?

Documents could be recorded if they were notarized (and met some other requirements). Documents recorded after July 1, 2020 will require not only notarization, but also a “common law proof” by an uninterested witness in front of a notary. An uninterested witness is a disinterested third party, over the age of 18, who does not have a financial/ownership or contract interest in transaction being notarized. Additionally, the uninterested witness cannot be related to the person or persons involved in the transaction, and is not the buyer, seller, real estate agent, mortgage broker, or family member of the transaction parties.

The new requirements apply to all closings including digital Closings under Indiana’s Remote Online Notarization (RON) statute.

Katz Korin Cunningham has a team of attorneys who focus on real estate law and are available to help you with any questions you may have as well as work with you throughout the transaction process. Learn more at https://kkclegal.com/services/... by calling 317-464-1100.

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