Assignment of mortgage
Sec. 8. (a) Any mortgage of record or any part of the mortgage
may be assigned by the mortgagee or any assignee of the mortgage,
either by an assignment entered on the margin of the record, signed
by the person making the assignment and attested by the recorder, or
by a separate instrument executed and acknowledged before any
person authorized to take acknowledgments, and recorded in the
mortgage records of the county. The county recorder shall note the
assignment in the margin by reference to the location where the
assignment is recorded.
(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. Except in a county that
accepts marginal assignments of mortgage, an assignment of
mortgage must be recorded on a separate written instrument from the
mortgage. If a recorder accepts marginal assignments of mortgage,
an instrument presented for recording in that county may not contain
more than one (1) assignment. If a recorder allows an instrument to
contain more than one (1) assignment, the fee for recording that
instrument is provided in IC 36-2-7-10(b)(3).
(d) After entry is made of record, the mortgagor and all other
persons are bound by the record, and the entry is a public record.
Any assignee may enter satisfaction or release of the mortgage, or the
part of the mortgage held by the assignee of record.
As added by P.L.2-2002, SEC.14.
Last modified: May 24, 2006