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The recorder in Benton County is responsible for maintaining records for real property located in the county.
Recording Fees
Deeds, Releases, re-record and all other instruments $25.00 (fee includes 1 oversize page)
any page exceeding 8.5" x 14" within any document shall also be charged: $5.00
Mechanic's Lien including one mail out $25.00
each additional mail out $2.00
Mortgages, Subordinate Mortgages and Mtg re-record $55.00
Copies 11" x 17" or smaller, per page $1.00
Copies larger than 11" x 17", per page $5.00
Certification of Document, plus copy fee $5.00
A stamped, self-addressed envelope must to be provided for returning recorded documents.
Benton County will not accept multiple transaction documents, a/k/a Blanket Documents.
*Non-Exempt Sales Disclosures-- $10.00 fee per parcel payable to Benton County Auditor.
Note that recording fees are subject to change and should be verified with the local recorder prior to submitting documents.
Document Formatting Requirements
* For a conveyance, mortgage, or instrument of writing to be recorded, it must be acknowledged by the grantor or proved before a judge or other authorized person.
* A certificate of the acknowledgment of a conveyance or other instrument in writing that is required to be recorded, signed, and sealed by the officer taking the acknowledgment shall be written on or attached to the deed.
* If the instrument is a copy, it should be marked as "copy."
* A recorder may record a deed of partition, a conveyance of land, or an affidavit to transfer real estate only if it has been endorsed by the auditor of the proper county as "duly entered for taxation subject to final acceptance for transfer," "not taxable," or "duly entered for taxation."
* The name of each person who executed the instrument should be legibly printed, typewritten, or stamped immediately beneath the person's signature. The name of each person executing the instrument should appear identically in the body of the instrument, in the acknowledgment, in the person's signature, and beneath the person's signature.
* The name of each notary public whose signature appears on the instrument should be legibly printed, typewritten, or stamped immediately beneath the signature of the notary public.
* Instruments must contain the name of the person and governmental agency, if any, that prepared the instrument. The name should be printed, typewritten, stamped, or signed at the conclusion of the instrument in a legible manner.
* If the document does not have corresponding names printed, typed, or stamped beneath signatures, the recorder may still record it if a printed or typewritten affidavit of a person with personal knowledge of the facts is recorded with the document. The affidavit should state the correct name of a person, if any, whose signature cannot be identified or whose name is not printed, typewritten, or stamped on the instrument.
* Documents containing social security numbers will not be recorded, unless the social security number is required by law to be included on the document. An affirmation statement is required on documents and should be given underneath the prepared by statement. The affirmation statement should read as follows: "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law." The name of the preparer should follow this statement. Labels and stamps can be used for the affirmation statement. A separate page containing the affirmation statement can be attached to the document, the use of which will result in a $2 fee.
* Instruments should consist of individual pages measuring no larger than 8.5 x 14 inches and should not be permanently bound or in a continuous form. Use white paper of at least 20# weight and clean margins. The size of the text should be at least 10 point and should be printed or computer generated in black ink.
* On the first and last pages, provide a top and bottom margin of at least 2 inches and one-half inch on each side. On each additional page, all margins can be at least 1/2 an inch.
* A conveyance must include a mailing address to which statements can be mailed. If the mailing address is not a street address or a rural route address of the grantee, the conveyance must also include a street address or rural route address for the grantee after the mailing address for statements.
Indiana law requires that a sales disclosure form be reviewed for completeness by the county assessor before it is forwarded to the county auditor. This form must be completed whenever a conveyance document is filed. The county auditor may not accept a conveyance if the sales disclosure form is not included with the conveyance document or the sales disclosure form is incomplete and/or not stamped by the county assessor.
A separate sales disclosure form is required for each parcel conveyed, regardless of whether more than one parcel is conveyed under a single conveyance document. However, only one sales disclosure form is required if there is a single conveyance document that conveys two or more contiguous parcels located entirely within a single taxing district. A person filing a sales disclosure form marked only with sales conditions subject to a disclosure filing fee shall pay a fee of $10 to the county auditor.
Effect of Recording:
A conveyance of any real estate in fee simple or for life, a conveyance of any future estate, or a lease for more than three years after the making of the lease is not valid and effectual against any person other than the grantor, the grantor's heirs and devises, and person's having notice of the conveyance unless the conveyance or lease is made by a deed and recorded within the time and manner required by Indiana law.
A conveyance, mortgage, or lease takes priority according to the time of its filing. The conveyance, mortgage, or lease is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser's, lessee's, or mortgagee's deed, mortgage, or lease is first recorded.