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Certificate of Proof – Why Your Notarized Document May Not Be Recordable

| Dec 2, 2020 | Estate Planning & Probate, Real Estate Law |

Effective July 1, 2020, Indiana Code 32-21-2-3(a) was changed to require the addition of a notarized proof in addition to a notarized acknowledgment. Therefore, at this time any instrument that requires a notarized acknowledgment must now also include a notarized proof by an independent witness. This change impacts deeds, mortgages, easements, powers of attorney, and other legal documents which are recorded in the offices of county recorders throughout the state of Indiana.

Some Indiana county recorders’ offices may accept and record documents containing only the notarized acknowledgement, as was typically present on these documents prior to July 1, 2020. However, even if the document is recorded, the lack of notarized proof may render a deed or mortgage uninsurable for title insurance purposes, or may keep a closing office or title company from allowing you to sign documents on behalf of a loved one, if your otherwise valid power of attorney doesn’t include a witness proof and was not yet recorded prior to July 1, 2020.

If you have an unrecorded deed or power of attorney that may need to be revised in order to comply with IC 32-21-2-3(a), you should contact an attorney to determine the best solution for your situation.