Important Statutory Change

Senate Enrolled Act 340 changed Indiana Code 32-21-2-3(a) by replacing ‘or’ with ‘and’. requiring both an acknowledgment in front of a notary AND a common law proof in front of a notary. Before the statutory change, a deed, mortgage or other recorded instrument could have either an acknowledgment in front of a notary OR a proof in front of a notary. 

A proof requires a witness (not the notary) to witness the signatures of parties, not just grantors of a deed or mortgagors of a mortgage, who execute any instruments that are to be recorded. The witness must be over the age of 18 and can NOT be an interested party to the transaction. Relatives of the signer, buyers, sellers, real estate agents and lenders would all be ineligible to act as witnesses. 

We are working with the ILTA and our lobbyist to see what can be done quickly about this, but the new law goes into effect July 1st, so any documents recorded on or after July 1st will need this certificate.