Sec. 1. (a) As used in this section, "conveyance"
means an electronic document as defined in IC 32-21-2.5-3 or a paper
document as defined in IC 32-21-2.5-8(a) that is:
(1) a deed or other instrument concerning land or an interest in
land, except a last will and testament;
(2) a lease or memorandum of lease for a term exceeding three (3)
years;
(3) a transfer on death deed as defined under IC 32-17-14-3(16)
or an affidavit pursuant to IC 32-17-14-26(b)(20); or
(4) a land contract or a memorandum of land contract for the sale
and purchase of land.
(b) A conveyance or mortgage must be recorded in the recorder's
office in the county where the land is located.
(c) A conveyance or mortgage takes priority according to the time
of its recording. The conveyance or mortgage is fraudulent and void as
against any subsequent purchaser, lessee, or mortgagee in good faith
and for a valuable consideration if the purchaser's, lessee's, or
mortgagee's deed, mortgage, or lease is first recorded.
(d) This subsection applies regardless of when an instrument is
recorded. If:
(1) an instrument is recorded; and
(2) the instrument:
(A) does not comply with the requirements of:
(i) IC 32-21-2-3, including whether there was both an
acknowledgment and proof on the instrument; or
(ii) IC 32-21-2-7;
(B) does not comply with the technical requirements of IC 36-2-11-16(c);
(C) was executed and included an acknowledgment executed
pursuant to the terms of any executive order issued by the
governor or an order of the supreme court; or
(D) was recorded and indexed by a county recorder as an
electronic record (as defined in IC 26-2-8-102);
the instrument is validly recorded and provides constructive notice of
the contents of the instrument as of the date of recording.
[Pre-2002 Recodification Citation: 32-1-2-16.]
As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003,
SEC.81; P.L.135-2007, SEC.2; P.L.129-2008, SEC.1; P.L.94-2014,
SEC.5; P.L.236-2015, SEC.7; P.L.2-2021, SEC.5.
Notes of Decisions
Provident Bank v. Tri-Cnty. Southside Asphalt, Inc., 804 N.E.2d 161 (Ind. Ct. App. 2004).
· cites it 29× “§ 32-28-3-2 provides that when land is encumbered by a mechanic's lien "the entire land upon *170 which the building, erection, or other improvement is situated, .”
Meyer v. Marine Builders, Inc., 797 N.E.2d 760 (Ind. Ct. App. 2003).
· cites it 6× “Indiana Code Section 32-21-4-1 provides that: (a) A: (1) conveyance or fiortgage of land or of any interest in land; and (2) a lease for more than three (3) years; must be recorded in the ré-corder's office of the county where the land is situated.”
Bank of New York v. Nally, 820 N.E.2d 644 (Ind. 2005).
· cites it 2× “The conveyance, mortgage, or lease is fraudulent and void as against any subsequent purchaser, . lessee, or mortgagee in good faith and for a valuable consideration if the purchaser's, lessee's, or mortgagee's deed, mortgage, or lease is first recorded.”
Weathersby v. JPMorgan Chase Bank, N.A., 906 N.E.2d 904 (Ind. Ct. App. 2009).
· cites it 4× “Indiana is a race-notice state, and Ind. Code § 32-21-4-1 provides, in part: 4 (a) The following must be recorded in the recorder's office of the county where the land is situated: *910 (1) A conveyance or mortgage of land or of any interest in land.”
Gibson v. Neu, 867 N.E.2d 188 (Ind. Ct. App. 2007).
· cites it 2× “In general, Indiana’s recording statute, Ind.Code § 32-21-4-1, would resolve this issue.”
Patterson v. Seavoy, 822 N.E.2d 206 (Ind. Ct. App. 2005).
· cites it 2× “Ind.Code § 32-21-4-1 (formerly, Ind.Code § 32-1-2-16).”
Kumar v. Bay Bridge, LLC, 903 N.E.2d 114 (Ind. Ct. App. 2009).
· cites it 2× “Kumar failed to record his tax deed as required by Indiana Code section 32-21-4-1, and it remained unrecorded until after Bay Bridge filed its complaint to quiet title.”
ABN AMRO Mortg. Grp., Inc. v. Am. Residential Servs., LLC, 845 N.E.2d 209 (Ind. Ct. App. 2006).
· cites it 2× “Indiana Code Section 32-21-4-1 provides: (a) The following must be recorded in the recorder's office of the county where the land is situated: (1) A conveyance or mortgage of land or of any interest in land.”
City Sav. Bank v. Eby Constr., LLC, 954 N.E.2d 459 (Ind. Ct. App. 2011).
· cites it 2× “The first statute, Indiana Code Section 32-21-4-1 (b) provides, in pertinent part, that “[a] conveyance, mortgage, or lease takes priority according to the time of its filing.”
Nat'l City Mortg. Co. v. Yoon (Hershman), 417 B.R. 97 (N.D. Ind. 2009).
· cites it 9× “What sense does it make that a minor error in the acknowledgment would defeat an otherwise properly recorded mortgage lien? So Indiana’s 115th General Assembly in 2007 amended the Indiana Code by enacting a curative provision in the form of Indiana Code § 32-21-4-1. What this…”
Ind. Code § 32-21-4-1(b): 8 cases
Provident Bank v. Tri-Cnty. Southside Asphalt, Inc., 804 N.E.2d 161 (Ind. Ct. App. 2004).
“§ 32-28-3-2 provides that when land is encumbered by a mechanic's lien "the entire land upon *170 which the building, erection, or other improvement is situated, .”
Ind. Code § 32-21-4-1(c): 3 cases
Nat'l City Mortg. Co. v. Yoon (Hershman), 417 B.R. 97 (N.D. Ind. 2009).
“What sense does it make that a minor error in the acknowledgment would defeat an otherwise properly recorded mortgage lien? So Indiana’s 115th General Assembly in 2007 amended the Indiana Code by enacting a curative provision in the form of Indiana Code § 32-21-4-1. What this…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.