A BILL FOR AN ACT to amend the Indiana Code concerning property.

Plain English Breakdown

The bill summary and digest text do not provide detailed information about the cost or enforcement measures, leading to uncertainties in these areas.

Law to Stop Deed Fraud

This law creates rules for county recorders and notaries to help prevent fraud when dealing with property deeds.

What This Bill Does

• Establishes a task force to deal with deed fraud issues.
• Allows county recorders to refuse to record suspicious documents unless told by a court that they are wrong.
• Requires county recorders to set up systems to alert people about changes in property ownership or suspicious documents.
• Gives notaries the right to refuse to sign documents if they can't verify someone's identity.
• Needs notary publics to show proof of their job when getting stamping devices.

Who It Names or Affects

• County recorders who handle property deeds and other important papers.
• Notarial officers and notaries public who sign official documents.
• People buying or selling homes or land in Indiana.

Terms To Know

Suspicious instrument

A document that looks like it might be fake or used for illegal purposes.

Property alert notification system

A way to tell people if there are changes in the ownership of their property.

Limits and Unknowns

• The bill does not specify how much it will cost or who will pay for setting up these new systems.
• It is unclear what specific actions can be taken against those causing deed fraud after this law passes.

Official Summary Text

A BILL FOR AN ACT to amend the Indiana Code concerning property.
Deed fraud.

Current Bill Text

A BILL FOR AN ACT to amend the Indiana Code concerning property.

Deed fraud.

Establishes the deed fraud task force. Provides that a county recorder may: (1) refuse to record a suspicious instrument, unless a court of competent jurisdiction finds that the county recorder's finding that the instrument is a suspicious instrument is erroneous; (2) report a suspicious instrument to the appropriate law enforcement agency; or (3) notify a notarial officer or notary public who has purported to acknowledge or prove a suspicious instrument of the reason for the county recorder's finding that the instrument is a suspicious instrument. Requires each county recorder to establish a property alert notification system. Requires each county recorder to establish an instrument alert notification system. Provides that a notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that the individual executing the record has provided sufficient information to conduct identity proofing. Requires a notary public to present proof of the notary public's commission to a person that sells or otherwise provides a stamping device to the notary public. Requires an applicant seeking a commission as a notary public to complete a background check administered by the secretary of state. Requires the secretary of state to establish certain security procedures and access controls with respect to the electronic data base of active notaries public. Provides that a person that alleges damages arising from the recording of a forged deed or mortgage has a cause of action against certain persons.