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Affirmation Statement

New Legislation

Effective July 1, 2006

Beginning July 1, 2006, new legislation will take effect regarding the recording of documents in the County Recorder’s Office. This specifically has to do with reviewing documents presented for recording regarding social security numbers.

Responsibilities of the Preparer or Reviewer of a document to be recorded

· A document may not be submitted to the County Recorder for recording or filing that contains a Social Security Number unless required by law. IC 36-2-7.5-4

· The preparer must make the statement required by IC 36-2-11-15(c), identifying the name of the preparer, on all instruments not exempted under IC 36-2-11-15(a).

· Any document that must by statute have a prepared statement must also have the affirmation statement listed in IC 36-2-11-15(d). Typed exactly as quoted in the statute, "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law (name)."

· The exceptions to this requirement are Federal Tax Lien documents, Judgments, Orders and Writs of the Court, Wills, Death Certificates, UCC documents and any instruments executed before July 1, 1959 and documents prepared or acknowledged outside the state of Indiana. The name can be typed, printed or can be a signature.

· This means that all Deeds, Mortgages, Assignments and Releases, Miscellaneous and Oversized documents that are executed or acknowledged in Indiana, unless specifically exempted, MUST have the Affirmation statement on them in addition to the prepared statement and name at the conclusion of the document.

· Anyone who submits a document with the affirmation statement and without redacting a Social Security Number commits perjury.