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Bose McKinney & Evans LLP


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Indianapolis, IN 46204
(317) 684-5000

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Indianapolis, IN 46240
(317) 684-5300

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Passage of the County Identity Security Protection Act of 2005 Impacts Financial Institutions

EFFECTIVE JANUARY 1, 2006, county recorders in the state of Indiana may no longer accept for recording any document that contains a Social Security number, unless the Social Security number is required to be present on the document by law. Additionally, each document presented for recordation must be accompanied by an affirmation by the individual preparing the document that the individual, under the penalties of perjury, has:

1. reviewed the entire document before submitting it for recording for the purpose of identifying and, to the extent permitted by law, redacting all Social Security numbers; and

2. taken reasonable care to redact each Social Security number in the document.

The affirmation will become part of the recorded document and will be recorded as the last page of the recorded document. County recorders are required to charge a fee for recording each affirmation and to deposit $2.00 of that fee into a “county identification security protection fund,” the proceeds of which may be used solely to purchase, upgrade, implement or maintain redacting technology. Preparers of recorded documents will need to confirm the new fees with each applicable county before presenting documents for recording.

Additionally, beginning on January 1, 2008, county recorders will be prohibited from disclosing for public inspection any recorded document containing a Social Security number without redacting the Social Security number. County recorders will be implementing technology to assist in the redaction process. After June 30, 2008, a county recorder or an employee of a county recorder who discloses a recorded document that contains a Social Security number without having the document searched using redacting technology commits a Class A infraction.

For more information: 

• David Butcher at (317) 684-5123 or dbutcher@boselaw.com

• Karen Ball Woods at (317) 684-5376 or kwoods@boselaw.com.