Document Updates: Removal of Witness “Proof” Areas on Multiple Documents for Indiana

Last year, Ind. Code Ann. § 32-21-2-3(a) was amended (allegedly in error) to require both a notarial acknowledgment and a proof on instruments submitted for recording.

Last week, this same subsection was amended and now requires the following:

“Any instrument to be recorded must have one (1) of the following notarial acts:

(1) An acknowledgment (as defined in IC 33-42-0.5-2).

(2) A proof.”

Due to this change, we will be removing the “proof” added, as a result of last year’s amendments, to certain recordable documents used in Indiana. These are as follows:

• • Manufactured Home Affixation Affidavit (Cx43)
  • IN Mortgage (Cx324)
  • IN Mortgage Second (Cx482)
  • HELOC Mortgage – IN (Cx1381)
  • IN Assignment of Mortgage (Cx1524)
  • Loan Modification Agreement – Fixed (Cx1701)
  • IN Assignment from MERS (Cx4320)
  • IN Assignment – INV BLANK (Cx4463)
  • Loan Modification Agreement – ARM (Cx4888)
  • Manufactured Home Limited Power of Attorney (Cx6874)
  • Loan Modification Agreement – ARM (Cx10514)
  • Loan Modification Agreement – Fixed (Cx10515)
  • FHA IN Mortgage (Cx19372)
  • HomeStyle Renovation Loan Rider (Cx22294)
  • FNMA Construction Loan Rider to Security Instrument (Cx22653)
  • Community Land Trust Ground Lease Rider (Cx23607)

These changes will take effect on March 3, 2021. Questions or concerns about these changes may be directed towards Client Support at 1.800.496.3584.

TW 333944

DR 338156

Update: Due to other concurrent changes, the modifications to Cx22653 FNMA Construction Loan Rider to Security Instrument and Cx23607 Community Land Trust Ground Lease Rider will be delayed until March 4, 2021.

Update: Some clients have expressed a desire to be able to independently control the field for the entity that signs the Declarant statement at the bottom of the documents. To this end, we have created new “Declarant Full Name” (FI 148785). If populated, this field will be used for the eSignature and the “Printed Name of Declarant” on the following documents:

• IN Mortgage (Cx324)
• IN Mortgage Second (Cx482)
• HELOC Mortgage – IN (Cx1381)
• FHA IN Mortgage (Cx19372)
• IN Assignment of Mortgage (Cx1524)
• IN Assignment from MERS (Cx4320)
• IN Assignment – INV BLANK (Cx4463)

This change will be in effect immediately, since it will have no impact unless Field 148785 is set. Questions or concerns about these changes may be directed towards Client Support at 1.800.496.3584.

DR 341319