Recording Requirements

Transcription

1 Recording Requirements 1. Signatures must be original and names must be typed, stamped or printed beneath all written signatures. MCLA No discrepancy shall exist between names printed in the notary acknowledgement and as printed beneath signatures. MCLA Sec.1(b) 3. Instruments conveying or mortgaging any interest in real estate shall state the marital status of all male grantors or mortgagors. MCLA The name and address of all parties must appear on instruments that convey or encumber real estate. MCLA The name and address of the person who drafted the document must appear on all documents. MCLA a, Documents purporting to convey encumber real estate executed in Michigan must have an acknowledgement by a notary public, judge, or clerk of the court of record. Instruments conveying land or interest in land executed in Michigan acknowledged by a notary shall include the public acknowledgement with signature, county/state of certification, name of party(ies) being acknowledged and commission expiration date of the notary, as well as state and county where the document was executed. MCLA 565.8, , form , A notary seal is required for out-of-state notaries. 8. A certified copy of the death certificate must be recorded with the instrument if conveyance states "survivor of" in the grantor's section, or shall show by Liber and Page reference that the death certificate has been recorded in the Register of Deeds office. MCLA Court orders must be certified and sealed by the clerk of the court to be eligible for recording. MCLA , The document submitted for recording must be legible. MCLA (g) (iii) 11. Documents executed in the State of Michigan after April 1, 1997, must have a margin of unprinted space at least 2 1/2 inches at the top of the first page and at least 1/2 inch on all remaining sides of each page. Exemptions to this include certified documents, surveys and land corners. 12. Documents must display on the first line of print on the first page, a single statement identifying the recordable event that the instrument evidences. MCLA The type on the form must be printed with black ink; type size at least 10-point type. MCLA

2 14. The paper on which the document is printed must be white and not less than 20 pound weight. MCLA Paper size must be at least 8 1/2 inches by 11 inches; at most 8 1/2 inches by 14 inches. MCLA All Warranty Deeds, Land Contracts, or an Assignment thereof, or any Deed that contains a covenant of Warranty must have a Tax Certification from the County Treasurer's office. 17. Total consideration of real property must be stated on the face of the document. The phrase "other good and valuable consideration" is only allowed if an affidavit is submitted. MCLA , A complete legal description of the property is required. 19. Only the last four digits of a social security number may appear on a document for recording. Exception: unless state or federal law, rule, regulation or court order or rule requires that all or more than 4 sequential digits appear in the instrument, such as a death certificate or a certified court order. 20. If re-recording an original document, an affidavit is required regarding the correction.

3 Effective March 30, 2003 Revised January 1, 2009 Fee Schedule Please do not staple checks to the documents. For entering and recording any deed, mortgage, certified copy, lis pendens, or other: Recording Fee $10.00 State Survey and Remonumentation Fee 4.00 Total for First Page $14.00 Each additional page 3.00 Warranty deeds, land contracts or an assignment thereof, or deeds that contain a Covenant of WARRANTY must have a tax certification from the County Treasurer's Office. The charge for this service is $1.00 and may be included in your check to the Register of Deeds. For any document that assigns or discharges more than one instrument a $3.00 fee shall be added for each instrument so assigned or discharged. Copies and Searches Copy, real estate records per page $1.00 Copy, UCC filing per page 2.00 Copy, State Tax Lien per page 1.00 Copy, Federal Tax Lien per page 1.00 Copy, Plat of record (set by County) 5.00 Fax Fee 5.00 Certification of any of the above copies $1.00 Searching the records and files - per name: Grantor/Grantee Search $.50 per year with a minimum fee of $5.00 State Tax Lien Search Certificate 3.00 Per name Federal Tax Lien Search Certificate 3.00 Per name Financing Statement search certificate 1 Debtor Name 6.00 Termination of UCC $15.00 Termination of Fixture Filing Fixture Filings Finance Statements are now filed with the State of Michigan only.

4 Real Estate Transfer Tax A written instrument subject to the tax imposed by MCL Section 5 and MCL Section 6 shall state on its face the TOTAL CONSIDERATION of the real property. (See acts for details) Transfer tax imposed by each act shall by collected unless said instrument of transfer is exempt from either or both acts and such exemptions are stated on the face of the document. The tax shall be upon the person who is the seller or the grantor. Conveyances affecting property situated in more than one county must state the portion of the sale price attributable to each parcel lying in the separate counties and transfer tax must be paid to each county for that portion of the sale price. If the value of the real estate transferred is $100 or more, payment of State and County transfer tax is required. The rate of County tax is 55 cents for each $500 or fraction thereof of value of consideration and the rate of State tax is $3.75 for each $500 or fraction thereof of value of consideration.

5 Uniform Commercial Code/Fixture Filings Act No. 348 P.A. of 2000 as amended, Uniform Commercial Code MCLA et al, MSA All personal property filings are to be filed with the UCC Division of the Secretary of State. Documents filed for recording with the Register of Deeds include: As-extracted collateral, Timber to be cut and Fixture Filings. Fixture Filings Filing a Standard Form; $15.00 unlimited names, unlimited pages. A complete legal description is required on any new filings and amendments. Plus any of the following that apply per document: Additional fee for non-standard form - $7.00 Filings which contain more than 100 pages - $12.00 These fees apply to any new filings and amendments. Under Revised Article 9, "amendment" is defined to include changes: new or changed debtor names, secured party names, or collateral; releases or collateral, assignment, terminations and continuations. A complete legal description is required. Terminations When terminating UCC's filed prior to July 1, 2001 that include both personal property and real estate, the termination fee will be $15.00 for personal property and $15.00 for the real estate portion of the filing, a total of $ UCC Personal Property - $15.00 unlimited names Fixture Filings (real property) - $15.00 unlimited names UCC/Fixture Filings A complete legal description is required within the State of Michigan for real estate related terminations.