July 1 Marks Big Change for Real Estate Recording Requirements06.30.2020
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.
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