Form; mortgage
Sec. 5. A mortgage of land that is:
(1) worded in substance as "A.B. mortgages and warrants to
C.D." (here describe the premises) "to secure the repayment of"
(here recite the sum for which the mortgage is granted, or the
notes or other evidences of debt, or a description of the debt
sought to be secured, and the date of the repayment); and
(2) dated and signed, sealed, and acknowledged by the grantor;
is a good and sufficient mortgage to the grantee and the grantee's
heirs, assigns, executors, and administrators, with warranty from the
grantor (as defined in IC 32-17-1-1) and the grantor's legal
representatives of perfect title in the grantor and against all previous
encumbrances. However, if in the mortgage form the words "and
warrant" are omitted, the mortgage is good but without warranty.
As added by P.L.2-2002, SEC.14.
Last modified: May 24, 2006