Bill Text: IN HB1261 | 2012 | Regular Session | Amended
Bill Title: County recorders.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-30 - Representatives V. Smith and Pryor added as coauthors [HB1261 Detail]
Download: Indiana-2012-HB1261-Amended.html
Citations Affected: IC 24-9; IC 32-29; IC 32-30; IC 36-2; IC 36-7.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Local Government.
January 13, 2012, amended, reported _ Do Pass.
January 26, 2012, read second time, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
treasurer's monthly reports required by IC 36-2-10-16, the county
auditor shall distribute to the auditor of state two dollars and fifty cents
($2.50) of the mortgage recording fee collected under
IC 36-2-7-10(b)(11) IC 36-2-7-10(m) for each mortgage recorded by
the county recorder. The auditor of state shall deposit the money in the
state general fund to be distributed as described in section 4 of this
chapter.
(b) The signature of a person on an assignment under subsection (a) may be a facsimile. The facsimile on the assignment is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments.
(c) Notwithstanding subsection (a), marginal assignments may be accepted at the discretion of the recorder.
(d) In a county that does not accept marginal assignments of mortgage, an assignment of mortgage must be recorded on a separate written instrument from the mortgage. A recorder may allow an instrument to contain more than one (1) assignment. The fee for recording an assignment is provided in IC 36-2-7-10(k).
(1) the president, vice president, cashier, secretary, treasurer, attorney in fact, or other authorized representative of a national bank, state bank, trust company, or savings bank; or
(2) the president, vice president, general manager, secretary, treasurer, attorney in fact, or other authorized representative of any other corporation doing business in Indiana;
to release upon the record mortgages, judgments, and other record liens upon the payment of the debts secured by the liens.
(b) A release, when made upon the margin or face of the record of the mortgage, judgment, or other lien and attested by the recorder, clerk, or other officer having custody of the record of the lien, is a full discharge and satisfaction of the lien.
(c) The recorder of each county may require that each release, discharge, or satisfaction of a mortgage, judgment, or lien, or any partial release of any of these, be recorded on a separate written instrument. If a recorder requires the recording of each release, discharge, or satisfaction on a separate written instrument, an instrument presented for recordation in that county may not contain more than one (1) release, discharge, or satisfaction.
(d) Except as provided in subsection (e), a national bank, state bank, trust company, savings bank, or other corporation may release and discharge mortgages, judgments, or other record liens by a separate written instrument signed by its:
(1) corporate name;
(2) president;
(3) vice president;
(4) cashier;
(5) secretary;
(6) treasurer;
(7) attorney-in-fact; or
(8) authorized representative.
A release under this subsection shall be recorded by the recorder, clerk, or other officer having custody of the record of the lien, with a reference on the margin of the record of the lien to the location where the release is recorded. Upon recordation, the release is a full discharge and satisfaction of the lien, or portion of the lien, as indicated in a partial release.
(e) A release by the attorney-in-fact may not be recorded until a
written instrument specifically granting the attorney in fact the
authority to release and discharge mortgages, judgments, or other
record liens has been filed and recorded in the recorder's office of the
county where the release is to be recorded. The written instrument must
be in writing and signed and acknowledged by two (2) officers of the
national bank, state bank, trust company, savings bank, or other
corporation.
(f) A party may revoke the written instrument filed under subsection
(e) by:
(1) noting on the written instrument granting the attorney in fact
the authority to release mortgages and liens that this power has
been revoked; or
(2) filing and recording in the recorder's office of the county
where the written instrument described in subsection (e) of this
section was filed, a separate written instrument signed and
acknowledged by two (2) officers of the entity revoking the
attorney-in-fact's authority.
The written notice of revocation described in this subsection must be
attested by the recorder of the county in which the revocation is filed.
The party conferring the power described in subsection (e) is bound by
an act performed before written notice revoking the authority is
properly attested to and filed in the county recorder's office.
(1) the foreclosure of a recorded mortgage in a court of any county having jurisdiction in Indiana; and
(2) the payment and satisfaction of the judgment as may be rendered in the foreclosure proceeding;
the prevailing party shall immediately after satisfaction of the judgment record the satisfaction of the mortgage on the records of the recorder's office of the county where the property is located. The record in foreclosure and satisfaction must show that the whole debt, secured by the mortgage, has been paid. The recorder must be paid a fee of not more than the amount specified in
collected under this section supersede all other recording fees required
by law to be charged for services rendered by the county recorder.
(b) Except as provided in subdivisions (9) and (10), this
subsection does not apply to the recording of a mortgage, a deed,
an assignment, an affidavit, a satisfaction, or a release. 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) (3) One dollar ($1) for each cross-reference of a recorded
document.
(5) (4) 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 five dollars ($2) ($5) per page that is larger than
eight and one-half (8 1/2) inches by fourteen (14) inches.
(6) (5) 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) (6) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) (7) 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) (8) 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) 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.
(12) (9) 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. An ordinance adopted
before, on, or after July 1, 2012, that authorizes the recorder
to charge the fee described in this subdivision authorizes the
county recorder to charge the fee described in this subdivision
for each document that the recorder records under this
subsection or subsection (k).
(13) (10) 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. An ordinance adopted
before, on, or after July 1, 2012, that authorizes the recorder
to charge the fee described in this subdivision authorizes the
county recorder to charge the fee described in this subdivision
for each document that the recorder records under this
subsection or subsection (k).
(c) The county recorder shall charge a two dollar ($2) county
identification security protection fee for recording or filing a document
under subsection (b). The fee is in addition to the fees charged
under subsection (b). 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), (b)(4), (b)(6),
(b)(7), and (b)(8), 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
subsections (b) and (k) 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)
subsections (b)(9) and (o) as follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(12) subsections (b)(9) and (o)
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) subsections (b)(9) and (o)
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). subsections (b)(10) and (o). The county treasurer shall
distribute money collected by the county recorder under subsection
(b)(13) subsections (b)(10) and (o) as follows:
(1) Sixty percent (60%) of the money collected by the county
recorder under subsection (b)(13) subsections (b)(10) and (o)
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) subsections (b)(10) and (o)
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.
(k) This subsection applies only to the recording of a mortgage,
a deed, an assignment, an affidavit, a satisfaction, and a release.
The county recorder shall charge the following fees:
(1) One hundred dollars ($100) for a mortgage, if the recorder
charges a fee for the affordable housing fund under
subsection (b)(9) or the housing trust fund under subsection
(b)(10).
(2) Eighty-five dollars ($85) for a mortgage, if the recorder
does not charge a fee for the affordable housing fund under
subsection (b)(9) or the housing trust fund under subsection
(b)(10).
(3) Twenty-five dollars ($25) for a deed.
(4) Twenty-five dollars ($25) for an assignment.
(5) Twenty-five dollars ($25) for an affidavit with only one (1)
cross-reference.
(6) Twenty-five dollars ($25) for a satisfaction.
(7) Twenty-five dollars ($25) for a release.
(8) 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 transaction is as follows:
(A) 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.
(B) One dollar ($1) for each cross-reference of a recorded
document.
(C) One dollar ($1) for marginal mortgage assignments or
marginal mortgage releases.
(9) One dollar ($1) for each cross-reference of a recorded
document.
(l) Except as provided in subsections (m), (n), (o), and (p), the
fees collected under subsection (k) shall be deposited in the
recorder's records perpetuation fund under subsection (d).
(m) Two dollars and fifty cents ($2.50) of the fee the recorder
collects under subsection (k)(1) or (k)(2) shall be distributed to the
auditor of the state on or before June 20 and December 20 of each
year as provided in IC 24-9-9-3.
(n) Five dollars ($5) of the fee the recorder collects under
subsection (k)(3) shall be deposited in the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 or
IC 36-2-12-11(e).
(o) An ordinance adopted before, on, or after July 1, 2012, that
authorizes a fee described in subsection (b)(9) or (b)(10) authorizes
the county recorder to charge the fee described in subsection (b)(9)
or (b)(10) for each document the recorder records under
subsection (b) or (k). The fee charged under subsection (b)(9) or
(b)(10) shall be deducted from the fee charged under subsection
(k)(1) and deposited as set forth in subsection (i) or (j).
(p) Two dollars ($2) of each fee the recorder collects under
subsection (k) shall be deposited under IC 36-2-7.5-6.
IC 36-2-7-10(c) and IC 36-2-7-10(p).
(b) The county recorder shall deposit two dollars ($2) of the fee
charged under subsection (a) in the county identification security
protection fund established by section 11 of this chapter. This
subsection expires July 1, 2011.
(c) Beginning July 1, 2011, (b) The county recorder shall deposit the
fee charged under subsection (a) in the following manner:
(1) One dollar ($1) shall be deposited in the county recorder's
records perpetuation fund established under IC 36-2-7-10(d).
(2) Fifty cents ($0.50) shall be deposited in the county
identification security protection fund established under section
11 of this chapter.
(3) Fifty cents ($0.50) shall be deposited in the county elected
officials training fund established under IC 36-2-7-19.
(1) Federal law permits the sale of a multiple family housing project that is or has been covered, in whole or in part, by a contract for project based assistance from the United States Department of Housing and Urban Development without requiring the continuation of that project based assistance.
(2) Such a sale displaces the former residents of a multiple family housing project described in subdivision (1) and increases the shortage of safe and affordable housing for persons of low and moderate income within the county.
(3) The displacement of families and individuals from affordable housing requires increased expenditures of public funds for crime prevention, public health and safety, fire and accident prevention, and other public services and facilities.
(4) The establishment of a supplemental housing program under this section will do the following:
(A) Benefit the health, safety, morals, and welfare of the county and the state.
(B) Serve to protect and increase property values in the county and the state.
(C) Benefit persons of low and moderate income by making affordable housing available to them.
(5) The establishment of a supplemental housing program under this section and sections 32 through 35 of this chapter is:
(A) necessary in the public interest; and
(B) a public use and purpose for which public money may be spent and private property may be acquired.
(b) In addition to its other powers with respect to a housing program under sections 32 through 35 of this chapter, the commission may establish a supplemental housing program. Except as provided by this section, the commission has the same powers and duties with respect to the supplemental housing program that the commission has under sections 32 through 35 of this chapter with respect to the housing program.
(c) One (1) allocation area may be established for the supplemental housing program. The commission is not required to make the findings required under section 34(5) through 34(8) of this chapter with respect to the allocation area. However, the commission must find that the property contained within the boundaries of the allocation area consists solely of one (1) or more multiple family housing projects that are or have been covered, in whole or in part, by a contract for project based assistance from the United States Department of Housing and Urban Development or have been owned at one time by a public housing agency. The allocation area need not be contiguous. The definition of "base assessed value" set forth in section 35(a) of this chapter applies to the special fund established under section 26(b) of this chapter for the allocation area.
(d) The special fund established under section 26(b) of this chapter for the allocation area established under this section may be used only for the following purposes:
(1) Subject to subdivision (2), on January 1 and July 1 of each year the balance of the special fund shall be transferred to the housing trust fund established under subsection (e).
(2) The commission may provide each taxpayer in the allocation area a credit for property tax replacement in the manner provided by section 35(b)(7) of this chapter. Transfers made under subdivision (1) shall be reduced by the amount necessary to provide the credit.
(e) The commission shall, by resolution, establish a housing trust fund to be administered, subject to the terms of the resolution, by:
(1) the housing division of the consolidated city; or
(2) the department, division, or agency that has been designated to perform the public housing function by an ordinance adopted under IC 36-7-18-1.
(f) The housing trust fund consists of:
(1) amounts transferred to the fund under subsection (d);
(2) payments in lieu of taxes deposited in the fund under
IC 36-3-2-11;
(3) gifts and grants to the fund;
(4) investment income earned on the fund's assets;
(5) money deposited in the fund under IC 36-2-7-10(j); and
(6) other funds from sources approved by the commission.
(g) The commission shall, by resolution, establish uses for the
housing trust fund. However, the uses must be limited to:
(1) providing financial assistance to those individuals and
families whose income is at or below eighty percent (80%) of the
county's median income for individuals and families, respectively,
to enable those individuals and families to purchase or lease
residential units within the county;
(2) paying expenses of administering the fund;
(3) making grants, loans, and loan guarantees for the
development, rehabilitation, or financing of affordable housing
for individuals and families whose income is at or below eighty
percent (80%) of the county's median income for individuals and
families, respectively, including the elderly, persons with
disabilities, and homeless individuals and families; and
(4) providing technical assistance to nonprofit developers of
affordable housing; and
(5) funding other programs considered appropriate to meet
the affordable housing and community development needs of
lower income families (as defined in IC 5-20-4-5) and very low
income families (as defined in IC 5-20-4-6), including lower
income elderly individuals, individuals with disabilities, and
homeless individuals.
(h) At least fifty percent (50%) of the dollars allocated for
production, rehabilitation, or purchase of housing must be used for
units to be occupied by individuals and families whose income is at or
below fifty percent (50%) of the county's area median income for
individuals and families, respectively.
(i) The low income housing trust fund advisory committee is
established. The low-income housing trust fund advisory committee
consists of eleven (11) members. The membership of the low income
housing trust fund advisory committee is comprised of:
(1) one (1) member appointed by the mayor, to represent the
interests of low income families;
(2) one (1) member appointed by the mayor, to represent the
interests of owners of subsidized, multifamily housing
communities;
(3) one (1) member appointed by the mayor, to represent the
interests of banks and other financial institutions;
(4) one (1) member appointed by the mayor, of the department of
metropolitan development;
(5) three (3) members representing the community at large
appointed by the commission, from nominations submitted to the
commission as a result of a general call for nominations from
neighborhood associations, community based organizations, and
other social services agencies;
(6) one (1) member appointed by and representing the Coalition
for Homeless Intervention and Prevention of Greater Indianapolis;
(7) one (1) member appointed by and representing the Local
Initiatives Support Corporation;
(8) one (1) member appointed by and representing the
Indianapolis Coalition for Neighborhood Development; and
(9) one (1) member appointed by and representing the
Indianapolis Neighborhood Housing Partnership.
Members of the low income housing trust fund advisory committee
serve for a term of four (4) years, and are eligible for reappointment. If
a vacancy exists on the committee, the appointing authority who
appointed the former member whose position has become vacant shall
appoint an individual to fill the vacancy. A committee member may be
removed at any time by the appointing authority who appointed the
committee member.
(j) The low income housing trust fund advisory committee shall
make recommendations to the commission regarding:
(1) the development of policies and procedures for the uses of the
low income housing trust fund; and
(2) long term sources of capital for the low income housing trust
fund, including:
(A) revenue from:
(i) development ordinances;
(ii) fees; or
(iii) taxes;
(B) financial market based income;
(C) revenue derived from private sources; and
(D) revenue generated from grants, gifts, donations, or income
in any other form, from a:
(i) government program;
(ii) foundation; or
(iii) corporation.
(k) The county treasurer shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
