Sec. 1. (a) In all cases where lands in this state have been mortgaged to the state of Indiana, or to trustees or to custodians of the funds hereinafter named, or to the officers having had control and management prior to January 1, 1900, to secure the loans of the Indianapolis funds, the bank tax fund, the treasury fund, the congressional fund, the saline fund, the sinking fund, the state surplus revenue fund, the county surplus fund, the state university fund, the college fund, the seminary fund, the permanent endowment fund and all other state trust funds of this state, except the common school fund, and the loans have been paid and not released, or not legally and properly released of record, or, having been released, the releases have been lost before being recorded in the proper recorder's office, the auditor of state of the state of Indiana is authorized and directed to execute a release of the mortgage under the auditor of state's hand and the seal of the auditor of state's office.
(b) In case evidence of the payment of mortgage debts appears in the records in the office of the auditor of state, or in the office of the treasurer of state, then the release of the mortgage shall be executed without further proof, but if not, then the auditor of state shall require documentary evidence and affidavits or other proof to be filed in the auditor of state's office, which shall establish to the auditor of state's satisfaction the fact of full payment of the mortgage debt, and the auditor of state shall release the mortgage.
Formerly: Acts 1919, c.28, s.1. As amended by P.L.215-2016, SEC.72.
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