Filing indenture of assignment with county recorder; description
of property; oaths of assignor
Sec. 2. (a) An assignment under this chapter must be:
(1) by indenture; and
(2) signed and acknowledged before a person who is authorized
to take the acknowledgment of deeds.
(b) The indenture must, within ten (10) days after the execution,
be filed with the recorder of the county in which the assignor resides.
The recorder shall record the indenture of assignment the same as
deeds are recorded.
(c) The indenture of assignment must:
(1) contain a full description of all real estate assigned; and
(2) be accompanied by a schedule containing a particular
enumeration and description of all the personal property
assigned.
(d) The assignor shall make oath before a person authorized to
administer oaths. The oath must:
(1) verify the indenture and schedule and contain a statement of
all the property, rights, and credits belonging to the assignor, or
of which the assignor has knowledge, and that the assignor has
not, directly or indirectly, transferred or reserved a sum of
money or article of property for the assignor's own use or the
benefit of another person; and
(2) indicate the assignor has not acknowledged a debt or
confessed a judgment to a person for a sum greater than was
justly owing to the person, or with the intention of delaying or
defrauding the assignor's creditors.
(e) An assignment under this chapter may not convey to the
assignee an interest in property assigned until the assignment is
recorded as provided in this section.
As added by P.L.2-2002, SEC.3.
Last modified: May 24, 2006