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The
Register of Deeds Office is the place where people
record documents relating to land transactions.
Different types of deeds as well as
land contracts, mortgages, liens, surveys, and land
corners are recorded at the Register of Deeds Office.
The Register of Deeds Office also has copies of plats
and corner records.
After a document is recorded, it
becomes a public record, which can be reviewed or copied
by any person. The Register of Deeds Office does not
keep the original documents; instead, the transaction is
recorded in a book, called a "liber", which is stamped
on the deed or document. A copy or image of the
document is then made for permanent record.
This office
DOES NOT
PREPARE DOCUMENTS and
DOES NOT
ANSWER LEGAL QUESTIONS. Please contact an
attorney if you need legal assistance.
Preparing New Document/ Changing Existing Documents
To add or delete a person(s)
from a deed, you must create a new document. You may
create the document yourself or contact an attorney to
draw up the document for you. Please note, the State of
Michigan has specific
requirements for deeds. A copy of the requirements is
available
The
County
Register
maintains an index and copy of all recorded documents
pertaining to property located within Schoolcraft
County.
This includes: deeds, mortgages, miscellaneous
documents, surveys, land corners, plats and
condominiums. Paper records stored in the Register's
vault goes back to 1854, with computer images available
from 1997 to present. The Register of Deeds also serves
as Chairman of the County Plat Board which reviews and
approves all new subdivisions within the County and
serves as Chairperson of the Ad Hoc Remonumentation
Committee. |
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Recording Information |
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Tax Certificates:
A tax certificate MUST
BE OBTAINED from the
County Treasurer's Office prior to recording
any of the following (MCLA 211.135)
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Warranty Deed
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A deed which contains a covenant of
warranty
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Land Contract
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Assignment of Land Contract
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Personal Representative Deed
Fee for Tax Certificate:
Up to 5 descriptions $1.00
each additional description $.20 |
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Recording Fees |
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For entering and
Recording any Original Deed, Mortgage, Lis
Pendens, Certified Copy, or Other
Instrument:
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First
Page
Each additional page |
$14.00
$3.00 |
Name and address of the
person who drafted the document must appear
on the documents executed in
Michigan (MCLA 565.201A, 565.203)
Any document which
assigns or discharges more than one
instrument $3.00 shall be added to the
recording fee for each additional instrument
so assigned or discharged.
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Fixture Filing Fees:
$15.00
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If the value of the real
estate transferred is $100.00 or more,
payment of State and County transfer tax is
required:
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Rate of County tax:
$0.55 for each $500 or
fraction thereof
Rate of State Tax:
$3.75 for each $500 or
fraction thereof |
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Copies |
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Copy,
real estate records, per page |
$1.00 |
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Copy,
State or Federal Tax Lien, per
page |
$1.00 |
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Copy,
Plats |
$2.00 |
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Fee
for certification of any of the
above copies per document |
$1.00 |
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If you have any questions, call the
Schoolcraft County Register of Deeds Office (906)341-3618. Or
stop in during regular business hours, Monday
through Friday, 8:00 a.m. to 4:00 p.m.
You
may pay by credit card by calling Government Payment
Services toll-free at: 1-888-604-7888, or on the web at
https://www.govpaynow.com/gps/user/ You will need to
obtain a code from County Officials before credit card payment
can be made.
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Recording Requirements
Article 19 of Public Acts of 2002, Effective March 4, 2002
1)
The names of each person purporting to execute the instrument is
legibly printed, typewritten or stamped beneath the original
signature or mark of the person.
2)
A discrepancy must not exist between the name of each person as
printed, typewritten, or stamped beneath their signature and the
name as recited in the acknowledgment or jurat on the
instrument.
3)
The name of the notary public whose signature appears upon the
instrument is legibly printed, typewritten, or stamped upon the
instrument immediately beneath the signature of that notary
public.
4)
Address of each of the grantees in each deed of conveyance or
assignment of real estate.
5)
Instruments conveying or mortgaging any interest in real estate
shall state the marital status of any male grantors.
MCLA 565.221.
6)
The name and address of the person who drafted the instrument
must appear on the instruments executed in
Michigan.
MCLA
565.201a, 565.203.
7)
A certified copy of a death certificate or proof of death must
be recorded when the instrument of conveyances states "survivor"
in the grantor's section.
MCLA 565.48
8)
Court orders must be certified and sealed by the clerk of the
court to be eligible for recording.
MCLA 565.401,
565.411
9)
If the instrument is executed
before
April 1, 1997,
each sheet of the instrument contains all of the following:
a.
Typewritten or printed in type not smaller than 8-point type
size.
b. Not
more than 8 1/2 by 14 inches.
c.
Legible
d. On
paper of not less than 13 pound weight.
10)
If the instrument is executed
after April 1,
1997, each sheet of the instrument complies with all of the
following requirements:
a.
Has a margin of unprinted space that is 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.
b.
Displays on the first line of print of the first page of the
instrument a single statement identifying the recordable event
that the instrument evidences.
c.
Is electronically, mechanically, or hand printed in 10-point
type or the equivalent of 10-point type.
d.
Is legibly printed in black ink on white paper that is not less
than 20 pound weight.
e.
Is not less than 8 1/2 inches wide and 11 inches long or more
than 8 1/2 inches wide and 14 inches long.
f.
A Register of Deeds shall not record an instrument executed
after
April 1, 1997
if the instrument purports to evidence more than one recordable
event.
Michigan Real Estate Transfer Tax
MCL 207.505(5) ( ) Mcl 207.526(26) ( )
Or MSA 7.456(5) ( ) or MSA 7.456(26) ( )
A written
instrument subject to the tax imposed by MCL 207.505 Section 5
and MCL 207.526 Section 6 shall state on its face the TOTAL
CONSIDERATION of the real property. Transfer tax imposed by
each act shall be collected unless said
instrument of transfer is exempt from either or both acts and
such exemptions are
stated on the face of the deed.
The tax shall
be upon the person who is the seller or the grantor. MCL
207.502(2) or MCL 207.523(2)
In the case of
an exchange of two properties, the deeds transferring title to
each are subject to tax, and in each case shall be computed on
the basis of the actual
value of the property conveyed. MCL 207.502a
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.
Documentary
stamps shall be purchased only in the county in which the
property is located.
MCL 207.507,
MCL 207.528
No fee is
charged for filing the "Real Estate Transfer Tax Valuation
Affidavit", however it must state "Real Estate Valuation
Affidavit on file" on the face of the document. MCL 207.511, MCL
207.525
County Transfer Tax Exemptions
Section 1. Section 5 of Act No. 134 of the
Public Acts of 1996, as
amended by Act No. 327 of the Public Acts of 1968, being Sect.
207.505 of the Compiled Laws of 1948, is amended as follows:
207.505 Real
Estate Transfer Tax exemptions MSA 7.456 (5) Sec. 5
The following written instruments and transfers shall be exempt
from this act:
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Instruments in which the
value of the consideration for the property is less than
$100.00.
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Instruments evidencing
contracts or transfers which are not to be performed wholly
within this state in-so-far as such instruments include land
lying outside of this state.
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Written instrument that this
state is prohibited from taxing under the constitution or
statues of the United States.
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Written instrument or
writing given as security or any assignment or discharge
thereof.
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Instruments evidencing
leases, including oil and gas leases, or transfers of
leasehold interests.
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Instruments evidencing any
interests which are assessable as personal property.
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Instruments evidencing the
transfer of rights and interests for underground gas storage
purposes.
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Any of the following written
instruments:
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Instruments given in
which the grantor is the United States, the state, or
political subdivision or municipality thereof acting in
his or her official capacity.
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Instruments given in
foreclosure or in lieu of foreclosure of a loan made,
guaranteed, or insured by the United States, the state,
any political subdivision or municipality thereof, or
officer thereof, acting in his or her official capacity.
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Instruments given to the
United States, the state, or one of their officers
acting as grantees, pursuant to the terms or guarantee
or insurance of a loan guaranteed or insured by the
grantee.
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Conveyance from a husband or
wife or husband and wife creating or disjoining a tenancy by
the entireties in the grantors or the grantor and his or her
spouse.
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Judgments or orders of court
of record making or ordering transfer, except where a
specific monetary consideration is specified or ordered by
the court therefore.
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Instruments to straighten
boundary lines if no monetary consideration is given.
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Instruments to confirm
titles already vested in grantees, such as quit claim deeds
to correct flaws in titles.
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Land contracts whereby the
legal title does not pass to the grantee until the total
consideration specified in the contract has been paid.
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Instruments evidencing the
transfer of mineral rights and interests.
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Instruments creating a joint
tenancy between two or more persons where at least one of
the persons already owns the property.
State Transfer Tax Exemptions
207.526 Sec. 6 The following written
instruments and transfers are exempt from the tax imposed by
this act:
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A written instrument in
which the value of the consideration for the property is
less than $100.00.
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A written instrument
evidencing a contract or transfer that is not to be
performed wholly within this state only to the extent the
written instrument includes land lying outside of this
state.
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A written instrument that
this state is prohibited from taxing under the United States
constitution or federal statutes.
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A written instrument given
as security or an assignment of discharge of the security
interest.
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A written instrument
evidencing a lease, including an oil and gas lease, or a
transfer of leasehold interest.
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A written instrument
evidencing an interest that is assessable as personal
property.
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A written instrument
evidencing the transfer of a right and interest for
underground gas storage purposes.
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Any of the following written
instruments:
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A written instrument
given in which the grantor is the United States, this
state, a political subdivision or municipality of this
state, or an officer of the United States or of this
state, or a political subdivision or municipality of
this state, acting in his or her official capacity.
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A written instrument
given in foreclosure or in lieu of foreclosure of a loan
made, guaranteed, or insured by the United States, this
state, a political subdivision or municipality of this
state, or an officer of the United States or of this
state, or an officer of the United States or of this
state, or a political subdivision or municipality of
this state acting in his or her official capacity.
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A written instrument
given to the United States, this state, or one of their
officers acting in an official capacity as grantee,
pursuant to the terms of guarantee or insurance of a
loan guaranteed or insured by the grantee
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A conveyance from husband or
wife or husband and wife creating or disjoining a tenancy by
the entireties in the grantors or the grantor and his or her
spouse.
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A conveyance from a mother
or father to a son or daughter or stepchild or adopted
child.
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A conveyance from a
grandmother or grandfather to a grandchild or
step-grandchild or adopted grandchild.
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Judgments or orders of a
court of record making or ordering a transfer, unless a
specific monetary consideration is specified or ordered by
the court for the transfer.
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A written instrument used to
straighten boundary lines if no monetary consideration is
given.
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A written instrument to
confirm title already vested in a grantee, including a quit
claim deed to correct a flaw in title.
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A land contract in which the
legal title does not pass to the grantee until the total
consideration specified in the contract has been paid.
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A written instrument
evidencing the transfer of mineral rights and interests.
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A written instrument
creating a joint tenancy between two or more persons if at
least one of the persons already owns the property.
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A transfer made pursuant to
a bona fide sales agreement made before the date the tax is
imposed under sections three and four, or if the sales
agreement cannot be withdrawn or altered, or contains a
fixed price not subject to change or modification. However,
a sales agreement for residential construction may be
adjusted up to 15% to reflect the changes in construction
specifications.
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A written instrument
evidencing a contract or transfer of property to a person
sufficiently related to the transferor to be considered a
single employer with the transferor under section 414(b) or
(c) of the Internal Revenue code of 1986, U.S.C. 414.
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A written instrument
conveying an interest in homestead property for which a
homestead exemption is claimed under either the school code
of 1976, Act No. 451 of the Public Acts of 1976, being
sections 380.1 to 380.1852 of the Michigan Compiled Laws or
the state education tax act, Act No. 331 of the Public Acts
of 1993, being sections 211.901 to 211.906 of the Michigan
Compiled Laws, if the state equalized valuation of that
homestead property is equal to or lesser than that same
interest in property. If after an exemption is claimed
under this subsection, the sale or transfer of homestead
property is found by the Treasurer to be at a value other
than the true cash value, then a penalty equal to 20% of the
tax shall be assessed in addition to the tax due under this
act to the seller or transferor.
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A written instrument
transferring an interest in property pursuant to a
foreclosure of a mortgage including a written instrument
given in lieu of foreclosure of a mortgage. This exemption
does not apply to a subsequent transfer of the foreclosed
property by the entity that foreclosed on the mortgage.
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A written instrument
conveying an interest for a religious society in property
exempt from the collection of taxes under section 7s of the
general property tax act, 1893 PA 206, MCL211.7s, to
a religious society if that property continues to be exempt
from the collection of taxes under section 7s of the general
property tax act, 1893 PA 206, MCL211.7s.
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