Indiana Recording Requirements
Posted on Aug. 14, 2012

If only identity thieves knew how to research title.

Not so long ago, the mortgages and deeds of trust that banks recorded against title included the borrower’s social security number.  Recognizing that disclosure of social security numbers facilitates fraud, Indiana requires each recorded instrument (with some exceptions notably instruments executed or acknowledged outside Indiana) not only to identify who prepared the instrument, but also requires all social security numbers in the document to be redacted (unless required by law).  An instrument complies with the redaction requirement if it contains an affirmation that care was taken to redact any social security numbers (IC 36-2-11-15).

The statute provides the following language for the affirmation:

I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law.


The statute also requires the affirmation to be accompanied by a statement indicating who prepared the instrument.  According to the statute, it is not necessary to sign the affirmation so long as a typewritten or legibly printed name follows the statement.  This should appear at the conclusion of the instrument.

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jimAttorney James W. Peters

Jim has handled retail, distribution center, warehouse, storage facility and fuel center transactions from the eastern seaboard to the Pacific Coast and beyond.

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