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Tuesday, December 13, 2005
Ind. Law - Real estate filings to get more complex January 1, 2006
Thanks to Ted A. Waggoner, Peterson & Waggoner, LLP, Rochester IN for sending the following:
Effective Jan. 1, 2006 all documents filed for recording at Indiana courthouses must be accompanied by a new form, called County Form 170. The form issued by the State Board of Accounts is designed to assure that no Social Security numbers are made a part of the county records.
Required by Public Law 91-2005 (now IC 36-2-7.5), the preparer of each recorded document must affirm under penalty of perjury the review of the document to identify and redact all Social Security Numbers, except those required by other law. The declaration form is to be attached to the recorded document. No recorder is to accept any document for recording without the declaration, according to IC 36-2-7.5-6. The State Board of Accounts is charged with the creation of the form, and the official form must be used, according to the statute. The form is circulating, but an official copy is not found on the SBA website
County Recorders are now alerting lawyers to the new requirements, which has led to a flurry of discussion on the ISBA email-list maintained by the Real Property, Probate and Trust section. Questions about the ability of lawyers to deliver deeds to title companies, or to clients and release the instruments from control have been raised. Other issues of the basis for the law and the possibility of repeal have also been mentioned.
Posted by Marcia Oddi on December 13, 2005 04:34 PM
Posted to Indiana Law