Statutory Changes Effective July 1st, 2020
Proof (Witness) Requirement on Recorded Instruments

The Senate Enrolled Act 340 changed verbiage in a current statute from "or'' to "and". This seemingly insignificant change has created an unintended consequence with legal ramifications if not followed. The revision in the language now requires instruments to be placed of record (deed, mortgage, power of attorney, etc.) must contain both an acknowledgment by a notary public and a proof (witness).

Who can serve as a witness? The party that will proof (witness) the execution must be 18 years of age or older and cannot be an interested party to the transaction. This means buyers, sellers, relatives, real estate agents, loan officers and the notary public are not permitted to serve as the witness.

How will we accommodate this new change? In office closings will allow for another employee within our branch location to serve as the witness. For remote closings arrangements will be made to identify/ coordinate an acceptable witness.

Why are you just learning of this new change now? ILTA (Indiana Land Title Association} was just made aware of the change and recently notified all members. Upon learning of this new requirement immediate action has been taken by various parties to address the situation and have the requirement postponed and ultimately corrected in the next legislative session. As of the date of this release - there has not been any government action to postpone the effective date.

We are committed to keeping you updated as the situation continues to develop. If you have any questions, please do not hesitate to reach out. We appreciate the opportunity to be of service!