{"id":6715,"date":"2025-08-06T12:44:22","date_gmt":"2025-08-06T16:44:22","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=6715"},"modified":"2025-08-06T12:44:25","modified_gmt":"2025-08-06T16:44:25","slug":"county-recording-fees-are-barriers-and-theyre-getting-higher","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/county-recording-fees-are-barriers-and-theyre-getting-higher\/","title":{"rendered":"County Recording Fees Are Barriers. And They\u2019re Getting Higher"},"content":{"rendered":"\n
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Each year, the attorneys at the Maryland Volunteer Lawyers Service help hundreds of people straighten out title issues \u2014 mainly, people living in multigenerational homes. They start by looking up county records. Quite a few of their cases involve straightening out \u201ctangled titles<\/a>\u201d for families who have not been able to handle the costs of probate.<\/p>\n\n\n\n

Maryland counties have long allowed free, online access to deed records. Now, Maryland\u2019s State Archives policy is changing. People and legal groups will need to pay fees. And they\u2019re going to add up, say the volunteers.<\/p>\n\n\n\n\n\n\n\n

Citing Affordability Goals, Maryland Advocates Push Back<\/h2>\n\n\n\n

Sure, court buildings keep records open to the public. But working people can\u2019t always get to them during the business hours. And people aren\u2019t allowed to print out court records \u2014 or even snap pictures of them.<\/p>\n\n\n\n

Along with lawyers who devote pro bono<\/em> hours to community work, Maryland\u2019s bar association is pushing back against the fee increases. And their pushback is delaying the increase in charges.<\/p>\n\n\n\n

At least, say the attorneys, non-commercial requesters should get at least some of the records they need for free. After all, they point out, Governor Wes Moore has publicly expressed the goal of increasing affordable and accessible housing<\/a>.<\/p>\n\n\n\n

Wisconsin Counties Follow State Open Records Law\u2014Slowly<\/h2>\n\n\n\n

Wisconsin law says people have open access to county records. Great! But here\u2019s the rub.<\/p>\n\n\n\n

The state government sets a limit of 10 working days for a \u201csimple request for a limited number of easily identifiable records.\u201d So, what if an agency deems a request not-so-simple? Or if it deems a necessary document harder to identify? Then, response times can drag.<\/p>\n\n\n\n

Wisconsin\u2019s public records law directs agencies to complete their responses to records requests \u201cas soon as practicable and without delay.<\/a>..\u201d Here again, those instructions give no set deadlines.<\/p>\n\n\n\n

There is not a lot of clarity in the Public Records Law Compliance Guide, published back in 2019 by Wisconsin\u2019s Department of Justice. It states that \u201c10 working days generally is a reasonable time\u201d for an agency to answer a \u201csimple request for a limited number of easily identifiable records.\u201d For more complex requests, what\u2019s reasonable depends on \u201cthe staff and other resources available to the authority to process the request\u201d and other factors.<\/p>\n\n\n\n

Now, advocates are asking Wisconsin to impose clear deadlines on offices. And they want a fair fee structure. Taxpayers already fund records offices. Yet Wisconsin agencies may charge fees to look up and copy records. This makes it harder for the public and their advocates to get documents.<\/p>\n\n\n\n

Increase Fees Responsibly, Say New Jersey Housing Advocates<\/h2>\n\n\n\n

In New Jersey<\/a>, advocates do support raising local fees \u2014 for luxury home sales. The revenue could help support affordable housing, and bolster support systems for residents who either struggle to pay monthly rent, or have trouble saving for a down payment on a home.<\/p>\n\n\n\n

Indeed, Governor Phil Murphy\u2019s proposed budget would raise the tax rate for real estate sales of at least  $1 million to 2%. For homes sold for more than $2 million, New Jersey would make that 3%.<\/p>\n\n\n\n

The existing structure imposes a surcharge of 1% on homes sold for above $1 million, which buyers pay. There\u2019s also a deed transfer charge of $6.05 for every $500<\/a> on a sale of at least one million dollars.\u00a0<\/p>\n\n\n\n

If the New Jersey legislature agrees to raise the supplemental fee, there\u2019d be an additional $322 million in 2026 for affordability initiatives. Advocates say the additional funds would empower New Jersey to create affordable units, and keep helping residents who are most vulnerable to losing their homes. <\/p>\n\n\n\n

Washington State Also Raised Fees to Support Affordability<\/h2>\n\n\n\n

Washington is directing money from recording charges to support those at risk of losing their homes. As we\u2019ve seen, supporting affordability in one area can take its toll on other areas. And the revenue is nowhere near enough to keep roofs over vulnerable residents\u2019 heads.<\/p>\n\n\n\n

In any case, Washington home buyers now pay $200+ for the first page that\u2019s recorded, and $1 for each additional page. That puts Spokane and Seattle among the top fee-charging markets. Document recording for home purchasing or financing can literally cost hundreds of dollars.<\/p>\n\n\n\n

The pandemic created a lot of momentum for raising fees in Washington and elsewhere. People were worried about loss of income and mortgage defaults. States have also been trying to shore up investor-owners whose renters couldn\u2019t pay. Now that the pandemic-related shutdowns are becoming faded memories, the calls are rising to bring fees under control. <\/p>\n\n\n\n

American Land Title Association (ALTA) Wants Flat Recording Fees in More States<\/h2>\n\n\n\n
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In 2013, the federal government\u2019s Consumer Financial Protection Bureau published its Integrated Mortgage Disclosure Rule<\/a>. The rule empowers a buyer to know the full costs to expect on closing day. By law, buyers must receive the required information three days before the mortgage is closed.<\/p>\n\n\n\n

But are these hard numbers, or estimates?<\/p>\n\n\n\n

\u201cRecording costs,\u201d ALTA observes, \u201care one of the few fees subject to strict accuracy requirements for lenders.\u201d<\/p>\n\n\n\n

To form an accurate fee disclosure, the lenders must watch a number of variables, such as:<\/p>\n\n\n\n