Bill Text: IN HB1155 | 2013 | Regular Session | Introduced
Bill Title: Mortgage recording fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Local Government [HB1155 Detail]
Download: Indiana-2013-HB1155-Introduced.html
Citations Affected: IC 24-9-9; IC 36-2-7-10.
Synopsis: Mortgage recording fee. Increases from $3 to $8 the fee to
be collected for each mortgage on real estate that is recorded. Requires
the $5 increase to be deposited in the county surveyor's corner
perpetuation fund.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
collected under this section supersede all other recording fees required
by law to be charged for services rendered by the county recorder.
(b) The county recorder shall charge the following:
(1) Six dollars ($6) for the first page and two dollars ($2) for each
additional page of any document the recorder records if the pages
are not larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(2) Fifteen dollars ($15) for the first page and five dollars ($5) for
each additional page of any document the recorder records, if the
pages are larger than eight and one-half (8 1/2) inches by fourteen
(14) inches.
(3) For attesting to the release, partial release, or assignment of
any mortgage, judgment, lien, or oil and gas lease contained on a
multiple transaction document, the fee for each transaction after
the first is the amount provided in subdivision (1) plus the amount
provided in subdivision (4) and one dollar ($1) for marginal
mortgage assignments or marginal mortgage releases.
(4) One dollar ($1) for each cross-reference of a recorded
document.
(5) One dollar ($1) per page not larger than eight and one-half (8
1/2) inches by fourteen (14) inches for furnishing copies of
records and two dollars ($2) per page that is larger than eight and
one-half (8 1/2) inches by fourteen (14) inches.
(6) Five dollars ($5) for acknowledging or certifying to a
document.
(7) Five dollars ($5) for each deed the recorder records, in
addition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 or
IC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(11) Three dollars ($3) Eight dollars ($8) for each mortgage on
real estate recorded, in addition to other fees required by this
section, distributed as follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder's
record perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed to
the auditor of state on or before June 20 and December 20 of
each year as provided in IC 24-9-9-3.
(C) Five dollars ($5) is to be deposited in the county
surveyor's corner perpetuation fund.
(12) This subdivision applies in a county only if at least one (1)
unit in the county has established an affordable housing fund
under IC 5-20-5-15.5 and the county fiscal body adopts an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(13) This subdivision applies in a county containing a
consolidated city that has established a housing trust fund under
IC 36-7-15.1-35.5(e). The county fiscal body may adopt an
ordinance authorizing the fee described in this subdivision. An
ordinance adopted under this subdivision may authorize the
county recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(c) The county recorder shall charge a two dollar ($2) county
identification security protection fee for recording or filing a document.
This fee shall be deposited under IC 36-2-7.5-6.
(d) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under section 10.1 of this
chapter, subsection (b)(5), (b)(8), (b)(9), and (b)(10), and
IC 36-2-7.5-6(c)(1) (after June 30, 2011), and fifty cents ($0.50) from
revenue received under subsection (b)(11), shall be deposited in this
fund. The county recorder may use any money in this fund without
appropriation for the preservation of records and the improvement of
record keeping systems and equipment. Money from the fund may not
be deposited or transferred into the county general fund and does not
revert to the county general fund at the end of a fiscal year.
(e) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(f) The county recorder shall post the fees set forth in subsection (b)
in a prominent place within the county recorder's office where the fee
schedule will be readily accessible to the public.
(g) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(h) The state and its agencies and instrumentalities are required to
pay the recording fees and charges that this section prescribes.
(i) This subsection applies to a county other than a county
containing a consolidated city. The county treasurer shall distribute
money collected by the county recorder under subsection (b)(12) as
follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the units
in the county that have established an affordable housing fund
under IC 5-20-5-15.5 for deposit in the fund. The amount to be
distributed to a unit is the amount available for distribution
multiplied by a fraction. The numerator of the fraction is the
population of the unit. The denominator of the fraction is the
population of all units in the county that have established an
affordable housing fund. The population to be used for a county
that establishes an affordable housing fund is the population of
the county outside any city or town that has established an
affordable housing fund.
(2) Forty percent (40%) of the money collected by the county
recorder under subsection (b)(12) shall be distributed to the
treasurer of state for deposit in the affordable housing and
community development fund established under IC 5-20-4-7 for
the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth
day of the month following the month in which the money is collected
from the county recorder.
(j) This subsection applies to a county described in subsection
(b)(13). The county treasurer shall distribute money collected by the
county recorder under subsection (b)(13) as follows:
(1) Sixty percent (60%) of the money collected by the county recorder under subsection (b)(13) shall be deposited in the housing trust fund established under IC 36-7-15.1-35.5(e) for the purposes of the fund.
(2) Forty percent (40%) of the money collected by the county recorder under subsection (b)(13) shall be distributed to the treasurer of state for deposit in the affordable housing and community development fund established under IC 5-20-4-7 for the purposes of the fund.
Money shall be distributed under this subsection before the sixteenth day of the month following the month in which the money is collected from the county recorder.
